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McNeil v. B-M analgesic ad wars

Executive Summary

McNeil seeking to enjoin Bristol-Myer's from continuing its television ads that allegedly claim 400 mg Nuprin (OTC ibuprofen) is more effective than Extra Strength Tylenol. The suit, filed July 11 in U.S. federal court Eastern District of Pennsylvania, argues that the commercial is misleading because the recommended initial dose for OTC ibuprofen is 200 mg. McNeil also noted that it surveyed consumer responses to the ad and found that 74% of the 300 people in the test believed, based on the commercial, that the standard Nuprin dose is two tablets. MeNeil also found that "only 4% of the respondents recalled the 'trailer' -- a non-spoken, visual footnote in the middle of the commercial -- which indicates that the standard Nuprin dose is only one tablet".

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