THE Australian Competition and Consumer Commission (ACCC) has launched Federal Court proceedings against GSK Australia and Novartis Consumer Health Australasia, alleging they made "false or misleading representations in the marketing of Voltaren Osteo Gel and Voltaren Emulget pain relief products".
Similar to the case brought against RB regarding its "pain specific" Nurofen products, the ACCC alleges that Novartis and GSK represented that Osteo Gel was specifically formulated for treating osteoarthritis conditions, and was more effective than Emulgel to treat those ailments, even though the two products are identcal.
Voltaren Emulgel and Osteo Gel both contain diclofenac diethylammonium gel 11.6mg/g.
"We allege that consumers are likely to have been misled into purchasing Osteo Gel thinking that it is different to Emlugel and more effective for treating osteoarthritis conditions, when this is not the case," said ACCC chair Rod Sims.
He said price sampling conducted by the ACCC at supermarkets and pharmacies found that Osteo Gel is "often sold at a significant price premium to Emulgel.
"We allege GSK and Novartis engaged in a deliberate commercial strategy to differentiate the products in a way that was likely to mislead consumers," Sims said.
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