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Consumer Law Keyed to Pridgen, 5th Ed.
Sterling Drug v. Federal Trade Commission
Citation:
741 F.2d 1146 (1984)Facts
Sterling Drug manufactured and marketed several nonprescription analgesic products and disseminated advertisements making various claims about their superiority. For Bayer Aspirin, Sterling claimed overall pharmaceutical superiority and superiority in specific attributes like purity, freshness, stability, and speed of disintegration based on an in-house study comparing Bayer to 220 other brands. The advertisements used scientific imagery, references to medical studies, and serious tones to suggest therapeutic superiority was scientifically established. For Cope, Sterling advertised a “unique formula” containing a pain reliever and relaxer, though a competitor’s product contained the same ingredients. For Midol, advertisements implied the product contained a unique analgesic ingredient different from aspirin when it actually contained aspirin. The FTC conducted extensive hearings with forty witnesses and hundreds of exhibits before determining these claims were deceptive and not adequately substantiated.
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