The Guardian Australia

Voltaren and Emulgel makers fined $4.5m for misleading consumers over pain relief gels

- Melissa Davey

The federal court has ordered a pharmaceut­ical company that produces the pain relief gels Voltaren Osteo Gel and Emulgel to pay $4.5m in penalties for marketing and pricing the products differentl­y when in fact they were identical.

Emulgel is marketed for the temporary relief of local pain and inflammati­on. Osteo Gel was, between 2012 and 2017, marketed for the relief of osteoarthr­itis symptoms.

Both gels contain identical doses of the active ingredient diclofenac diethylamm­onium, but Osteo Gel had a higher recommende­d retail price, selling for up to 16% more. There were difference­s in the range of available tube sizes, but Osteo Gel still had a higher recommende­d retail price per gram in the same sized tubes to Emulgel.

The cap on Osteo Gel was different, designed to be easier to open for people with osteoarthr­itis.

Pharmaceut­ical company Novartis made different claims about which conditions each gel could treat on both the packaging of the products and on its websites. Consumer watchdog the ACCC told the court the different packaging and advertisin­g conveyed to consumers there were “material difference­s between the gels”, even though they were identical, contrary consumer law.

GlaxoSmith­Kline (GSK) acquired Novartis’s portfolio of Voltaren products and has been responsibl­e for marketing and selling Voltaren products since June 2016. In a joint submission to the court Novartis and GSK admitted that it was misleading to claim and false that Osteo Gel was “specifical­ly formulated to treat, solely or specifical­ly treated, and was more effective than Emulgel in treating, local pain and inflammati­on associated with mild forms of osteoarthr­itis, when the products were in fact identicall­y formulated and equally effective in treating this condition”.

The federal court justice Robert Bromwich on Thursday ordered GSK and Novartis pay the penalty, finding “over more than half a decade, this group of companies sought to maximise their sales and thereby profits by artificial­ly boosting the breadth of its product range in three different ways in packaging and online, thereby representi­ng to consumers that there were two different products for two different conditions, when the truth was that there was differenti­al use of the same product”.

“The financial loss to consumers is difficult to quantify with a great degree of accuracy,” the judgment said.

GSK and Novartis initially expressed disappoint­ment when the ACCC brought the action against them, but its affidavit to the court acknowledg­es and apologises that its past conduct had fallen short of the standards expected of it under the law.

“That is a candid and appropriat­e admission and amounts to the right

kind of sorry – sorry for engaging in the conduct, not just sorry for being caught out,” Bromwich said.

 ?? Photograph: Jeff Greenberg/UIG via Getty Images ?? Pharmaceut­ical companies Novartis and GlaxoSmith­Kline have been fined for marketing Voltaren Osteo Gel and Emulgel differentl­y when they were identical.
Photograph: Jeff Greenberg/UIG via Getty Images Pharmaceut­ical companies Novartis and GlaxoSmith­Kline have been fined for marketing Voltaren Osteo Gel and Emulgel differentl­y when they were identical.

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