HARRISBURG, Pa., Dec. 10 /PRNewswire/ -- Pennsylvania Attorney General
Mike Fisher today announced that Pennsylvania and 11 other states have reached
a $2.5 million settlement with the marketers of a nicotine gum and a nicotine
skin patch, resolving claims that the national advertising campaigns for both
products were misleading to consumers who wanted to quit smoking.
Fisher said the agreement was reached with SmithKline Beecham Consumer
Healthcare, L.P., 100 Beecham Dr., Pittsburgh, to settle alleged violations of
the states Consumer Protection Laws. Fisher said the settlement will result
in more than $153,000 for smoking cessation programs in Pennsylvania.
"Unfortunately, these over-the-counter products did not live up to their
advertising claims," Fisher said. "Many consumers were willing to spend money
on the gum or the three-step patch program because the ads led smokers to
believe that these products would enable them to kick the habit for good. In
reality, the majority of those who use these and similar products return to
smoking after a year."
According to an investigation by the Attorneys General, SmithKline's
national advertising campaign misled or deceived consumers by:
-- claiming that smokers would be able to quit permanently using NicoDerm
CQ or Nicorette when, in fact, most smokers are unsuccessful in their
attempts to quit or resumed smoking after one year.
-- prominently featuring the name and logo of the American Cancer Society
with the phrase "Partners in Helping You Quit," falsely implying that
the organization endorsed the products. Rather, SmithKline paid
$1 million for the first year, plus additional royalties, to use the
nonprofit's name and logo.
-- claiming that NicoDerm CQ was superior to other nicotine patch
products when no studies exist that show its patch is more effective
than other nicotine patches in getting people to quit. The use of
the American Cancer Society's name and logo on the packaging also
falsely suggested that the nonprofit found SmithKline's product to be
better than other nicotine patches.
"Getting smokers to decide it's time to give up cigarettes is half the
battle," Fisher said. "Falsely assuring them that a product will do the rest
is counter productive to the ultimate goal of becoming non-smokers."
Under the terms of the settlement, SmithKline does not admit to any
wrongdoing and agrees to:
-- no longer use the phrases "power to quit," "power to quit
successfully" or "you bring the commitment, NicoDerm CQ brings the
rest" in its ad campaigns.
-- clearly and conspicuously disclose in its ads that consumers' chances
of quitting can improve with a counseling program.
-- cease making unsubstantiated claims that its product is superior to
others like it on the market.
-- include disclaimers regarding any implied endorsements by the American
Cancer Society or other organizations.
-- cease using the American Cancer Society's name and logo in ads that
mention or display a competitor's product.
Fisher said SmithKline is also required to pay the states $600,000 for the
costs of investigation and $1.9 million for anti-smoking public health
initiatives. Pennsylvania will receive $153,333.33 for smoking cessation
campaigns, programs or materials. The state also will receive $50,000 for the
costs of investigation.
Representing Pennsylvania in the multi-state settlement was Deputy
Attorney General Jesse F. Harvey of Fisher's Bureau of Consumer Protection
Office in Erie.
SOURCE Pennsylvania Office of Attorney General
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