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Class-Action Lawsuit Filed Against Claritin's Maker
Consumer groups have filed a class-action lawsuit against pharmaceutical giant Schering-Plough
Reviewed by
Gary D. Vogin, MD
Aug. 9, 2001 (Washington) -- In what is apparently a first, a coalition of health-oriented consumer groups has filed a class-action lawsuit against pharmaceutical giant Schering-Plough. The complaint, brought to a New Jersey state court, accuses the drug company of "deceptive advertising and overpricing" for Claritin, America's most widely prescribed allergy drug.
Whether it be an ad on TV, in print, or over the Internet, the plaintiffs charge that Schering-Plough has falsely promised Claritin users relief from their symptoms without drowsiness when relatively few benefit. The suit covers the period from 1997 to the present and is the creation of Prescription Access Litigation (PAL), an alliance of 53-activist groups around the country.
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"The scale of Schering-Plough's misleading direct-to-consumer advertising exceeds all others in American prescription drug history," said lead plaintiff's attorney Tom Sobol at a news conference announcing the suit. Sobol maintains that during the years under scrutiny, Schering-Plough has spent more than $100-million annually to promote Claritin.
Meanwhile, allergy sufferers have paid $10 billion during the last four years for a drug that Sobol claims is little better than a "sugar pill."
Some of Claritin's commercial images have become a part of American pop culture, like the woman running through the field of yellow flowers, seemingly oblivious to the onslaught of noxious pollens.
"Claritin television advertisements are replete with images and references to celebrities [and] outdoor activities ... but ... devoid of any reference to the limited efficacy of the drug," says Sobol. PAL contends that Schering-Plough's own studies have shown the drug is effective for only half its users.
Lisa Tyson, one of the plaintiffs, says she took Claritin for more than five years and it did nothing. "My doctor was very clear, telling me it was going to help me. And I just kept waiting and waiting for this thing to help me, and it wasn't helping me," she says.
The suit has two basic goals: get the court to give consumers a refund for the product and put an end to the allegedly deceptive ads, which PAL says inflate rapidly rising drug costs. "Price is the key, and we believe that our contribution is to attack price," says Stephen Rosenfeld, a legal advisor to PAL. Drug inflation is the main thing that's preventing Congress from passing a prescription drug benefit for Medicare, he says.
Schering-Plough spokeswoman Denise Foy says she can't comment directly on the lawsuit, since she hasn't seen it. Still, she says the company follows the FDA's rules on consumer ads. "Schering-Plough is committed to full compliance with all regulations, pertaining to promotional and education materials," Foy tells WebMD.
She also insists that the nonsedating antihistamine is the most popular because it works. "No amount of marketing can sustain a drug that's not effective," she says.
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