DULUTH, Ga., Nov. 22 /PRNewswire/ -- A federal court has signed a consent judgment ordering Bayer to permanently stop using an advertising campaign that falsely claimed its product was clinically proven to be "superior" to Merial's FRONTLINE(R) Plus, the world's best selling flea and tick control product. The consent order resulted from a lawsuit initiated by Merial. Bayer now concedes the study it relied upon did not support its claims of test-proven superiority. The federal court had previously issued a temporary order restraining Bayer from using these same promotional materials and advertising campaign.
The federal court consent order also requires Bayer to correct these errors in a letter of apology to the recipients of the misleading materials, including all of the attendees of the AVMA, CVC, and Wild West veterinary conferences and all of the subscribers of September issues of DVM, Veterinary Forum, Veterinary Economics, and Veterinary Technician. In the letter, Bayer admits the advertising claims were incorrect, regrets they were used in promotional materials and apologizes for its errors.
"We're pleased that Bayer can no longer use this campaign because it was not supported by scientific data," said Zack Mills, DVM, Executive Director of Veterinary Services at Merial. "Truthful, substantiated communication about your products is essential to earn the trust of veterinarians and consumers. Veterinarians and pet owners deserve reliable product information to make sound decisions regarding the medications they choose for their clients or their pets. Merial is committed to accurately informing vets and pet owners about its products and to defending its brands against unsubstantiated and inaccurate claims."
Merial is a world-leading, innovation-driven animal health company, providing a comprehensive range of products to enhance the health, well-being and performance of a wide range of animals. Merial employs approximately 5,000 people and operates in more than 150 countries worldwide. Its 2004 sales were in excess of $1.8 billion. Merial Limited is a joint venture between Merck & Co. and sanofi-aventis. For more information, please see www.merial.com .
Bayer Animal Health Division November 4, 2005 Dear Veterinarian,
This letter is being sent to you to correct an error that was regrettably contained in certain promotional materials Bayer distributed at three veterinarian conventions this summer, the AVMA, CVC, and Wild West, and placed in the September issues of four publications, DVM magazine, Veterinary Forum, Veterinary Economics, and Vet Technician.
The materials incorrectly stated that a recent Auburn University study proved that K9 ADVANTIX(TM) is superior to FRONTLINE(R) PLUS in its ability to prevent the transmission of Borrelia burgdorferi, the organism that causes Lyme disease. The study did not reach any conclusion of comparative superiority, and, in fact, no statistically significant difference in the performance of the two products was found. There was therefore no basis to claim that there was any difference between the two treatment groups.
Bayer is committed to providing information about its products to veterinarians and their staffs that is accurate and grounded in replicable science. Bayer apologizes for the errors of these recent promotional materials. Please feel free to contact me if you have any questions or concerns.
Sincerely,
Lynn Allen, DVM
Director - Veterinary Services
MerialCONTACT: Kelle Straw of Merial, +1-678-638-3690, or kelle.straw@merial.com
Web site: http://www.merial.com/
