JUDGE REJECTS MOTION TO BAR P&G ALEVE ADS

MICHAEL SLEZAK

NEWARK, N.J. -- A U.S. District Court judge here denied a motion by American Home Products, maker of Advil, to block advertising by its newest competitor, Aleve, from Procter & Gamble, Cincinnati.

American Home Products, Madison, N.J., filed the suit Aug. 9, charging P&G with "false advertising and promotion of Aleve."

On Dec. 27, however, Judge Nicholas H. Politan rejected American Home Products' claims by denying the company's motion for a preliminary injunction to stop Aleve's advertisements. He said Advil's manufacturer "cannot demonstrate that the advertisements at issue are either explicitly or implicitly false," according to a statement by P&G's lawyers.

"We're pleased, though frankly, not surprised," said Thomas A. Moore, president of P&G's health care products business. "When this suit was filed, we said we were confident about winning because our advertising claims are true and well supported. We're glad to see the court reaffirm this.

"We hope this will bring an end to misleading statements about Aleve by American Home Products," he added.

American Home Products did not respond to SN's questions about the lawsuit's outcome.

Among the claims made in Aleve's ad campaign that American Home Products protested were that the recommended dosage of Aleve lasts longer than Advil and that there were cases in which Aleve would work where Advil would not.

Harold P. Weinberger, a partner in the law firm Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, which represents P&G, said, "Aleve's advertisements are truthful and accurate."

The law firm's statement said the judge ruled that although Aleve's advertisements made direct comparisons among various painkillers, American Home Products did not prove those ads were false or misleading.

Aleve is marketed by Procter-Syntex, a joint venture of Syntex Corp., Palo Alto, Calif., and its OTC marketing partner, P&G.

American Home Products' suit made national headlines late last summer when it was originally filed.