Merix sues GSK over cold sore drug ads

The case was filed in the US District Court for the Northern District of Illinois, Eastern Division, and charges that advertising claims made by GlaxoSmithKline are false and misleading, using unreliable test data in advertising claims to deceive doctors and the public.

According to the lawsuit, GSK’s false claims for its Abreva and Valtrex products violate multiple Illinois laws as well as the federal Lanham Act. The lawsuit alleges that the claims directly and severely harm Merix, which manufactures Releev, a competing over-the-counter product for herpes and cold sore treatment, and consumers. Merix is seeking preliminary and permanent injunctive relief to halt the GSK campaign.

The suit alleges that public disclosures of GSK’s own research undermine the claims that it makes for both Abreva and Valtrex for healing herpes symptoms and cold sores. According to the lawsuit, some studies have even shown that the active ingredient in Abreva could not out-perform a placebo, yet, in its $100 million ad campaign, GSK publicly claims that it is just as effective as a prescription drug.

The lawsuit also alleges that GSK’s claims for Valtrex are similarly unsupportable. The suit claims that GSK has no basis to conclude from any testing that was done that Valtrex has any effect beyond the itching and tingling phase once a herpes outbreak has actually occurred.

“We are confident the court will agree that this matter requires immediate action, not only to protect Merix, but to protect the marketplace as well,” said Meryl Squires, president of Merix Pharmaceutical Corporation.