Healthy Skepticism Library item: 16782

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Electronic Source

Silverman E
Marketing Nexium As Superior To Prilosec Was OK
Pharmalot 2009 Nov 6
http://www.pharmalot.com/2009/11/marketing-nexium-as-superior-to-prilosec-was-ok/

Full text:

For years, there has been controversy over whether AstraZeneca pulled a fast one by touting Nexium as superior to Prilosec. Nexium and Prilosec, of course, are both sold by AstraZeneca and used to treat gastro-esophageal reflux disease (GERD), or heartburn. Many people bought the new prescription pill, but not everyone bought the marketing pitch. In fact, some filed lawsuits.
Nine consumers contended the drugmaker positioned Nexium as a “new” drug in order to cause them to pay a higher price than they had been paying for Prilosec, which was switched to over-the-counter status. They cited FDA medical reviews indicating there was no scientific basis to suggest Nexium was better than Prilosec at relieving symptoms or offering treatment.
Nexium ads, however, claimed the pill was more powerful and clinically proven to heal faster. When they filed their suit in 2004, a Nexium pill cost an average of $4.46, while Prilosec sold for just 59 cents. But the Arkansas Supreme Court ruled that AstraZeneca didn’t hookwink anyone and found there was nothing fraudulent or deceptive about the marketing, according to Leagle.com.
In reaching its decision, the court supported what a circuit court wrote earlier: “While the plaintiffs’ entire complaint appears to be well researched, it is convincing only to the point that a giant corporation has flexible power to control and enhance its own profits. It offers little or no proof that the defendants committed an actionable tort against the plaintiffs in…Arkansas, or anywhere. The complaint would perhaps make an excellent article in a scientific magazine, but it fails as a legal pleading.” (Here’s the decision).