Pfizer In ‘Campaign Of Disinformation’ Against Pro-Health, P&G Counters
This article was originally published in The Tan Sheet
Executive Summary
Procter & Gamble's Crest Pro-Health Rinse mouthwash ads, currently at the center of a Pfizer lawsuit, were launched to correct deceptive claims made by the Listerine marketer, P&G says
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Procter & Gamble's Crest Pro-Health Rinse mouthwash ads, currently at the center of a Pfizer lawsuit, were launched to correct deceptive claims made by the Listerine marketer, P&G says. Pfizer filed suit against the Cincinnati-based firm March 3, asserting that P&G falsely communicated that "four out of five dentists would recommend Crest Pro-Health" in a series of television ads (1 (Also see "Pfizer Sues P&G Over Crest Mouthwash Dentist Recommendation Claim" - Pink Sheet, 13 Mar, 2006.), p. 8). P&G responded with a countersuit March 17 claiming that Pfizer is "now engaged in a campaign of disinformation to dental professionals concerning Crest Pro-Health." "Pfizer's suit against P&G...is an effort to prevent consumers and dental professionals from learning accurate information about Crest Pro-Health," the firm states in its complaint. P&G alleges Pfizer has conducted a negative campaign against its competitor "by use of charts containing negative false comparisons between Crest Pro-Health and Listerine and by making other false statements about P&G's product." Pfizer has also used its sales representatives to spread "false and misleading comparative advertising during sales visits with dentists and hygienists to promote Listerine and to denigrate Crest Pro-Health," the consumer products firm asserts. Sales reps from Pfizer showed dental professionals a chart "comparing the relative qualities" of Listerine and P&G's Crest Pro-Health and Scope , according to P&G. Pfizer placed check marks under separate categories to illustrate that Crest Pro-Health does not possess "antiplaque and antigingivitis properties," nor is it "indicated for plaque or gingivitis reduction," P&G alleges. The chart also states that P&G failed to conduct efficacy studies to prove Crest Pro-Health's ability to fight gingivitis, provide 12-hour protection and kill germs. P&G says the chart's assertions are false, stating that it has conducted all the clinical work necessary to make its claims. Pfizer's sales representatives have made other false statements to dental professionals, P&G alleges. "At least two representatives have claimed that in order for Crest Pro-Health to work, a consumer must wait at least thirty minutes after brushing - particularly if Crest toothpaste is used - before rinsing with the product," the complaint says. The Pfizer reps said that Crest toothpaste "would 'deactivate' Crest Pro-Health's efficacy, and that this required waiting time would result in low patient compliance," according to P&G. Pfizer refused to provide examples of its comparative advertising chart to P&G, despite numerous requests for a copy, the firm alleges. P&G's advertising "serves to help correct Pfizer's deceptive activities," the company states. The countersuit charges Pfizer with unfair competition, making false and misleading claims, and engaging in deceptive acts and practices. P&G requests that the court dismiss Pfizer's suit and that the firm be compensated with unspecified damages. In addition, P&G asks that Pfizer's sales representatives be enjoined from making further "false comparisons" of Crest Pro-Health and Listerine in their sales meetings with dental professionals. The firm requests that Pfizer run "corrective advertisements" of a design that would reach all people to whom the false and misleading claims were disseminated. Currently, the firms are not formally litigating in court, but are investigating their options, a P&G spokeswoman said. Both suits were filed in the southern district of New York. - Melina Vissat |