published Wednesday, August 6th, 2014

Panel backs Chattanooga’s Chattem over Merck challenge

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The National Advertising Division has found that Chattanooga-based Chattem can support advertising claims for its Nasacort Allergy 24HR over-the-counter allergy relief medication.

The claims were challenged by MSD Consumer Care, Inc., also known as Merck Consumer Care.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

In this case, the key issue for NAD was whether the advertiser’s scientific evidence was sufficient to provide a reasonable basis for its claims. Chattem had said that “Nasacort and nasal sprays in the same medication class are considered the most effective treatment for hay fever and other respiratory allergies” and that Nasacort is “The most effective OTC medicine for the treatment of nasal allergy symptoms.”

Following its review of the evidence in the record, NAD determined that the advertiser established a reasonable basis for each of the challenged claims.

NAD recommended that Chattem modify the claim that “INSs such as Nasacort Allergy 24HR can help clear up the full range of allergic rhinitis symptoms, including nasal congestion, for 24 hours,” to clearly convey that Nasacort is indicated for use in treating nasal allergy symptoms.

Chattem said the company “values the self-regulatory process and appreciates NAD’s close attention to the record in this matter.”

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