AUTH/2430/8/11: Johnson & Johnson misleading Nicorette QuickMist mailing (60-second craving relief and cost per day)

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Key facts

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Case number	AUTH/2430/8/11
Parties	GlaxoSmithKline Consumer Healthcare v Johnson & Johnson Limited
Product	Nicorette QuickMist (nicotine mouthspray)
Material	Prescriber mailing (ref 06458)
Main issues	Implied claim that “60 second craving relief” applied to “breakthrough cravings”; misleading cost-per-day claim due to dosing and pack/price presentation
Key claims challenged	“60 second craving relief”; “Breakthrough cravings can jeopardise a quit attempt”; “Cost of treatment: £1.23 per day for an average 20 per day smoker, using one spray in place of their normal cigarette” (Based on the NHS cost of the duo pack)
Panel findings	Misleading by juxtaposition/terminology ambiguity; cost claim misleading (two-spray study not made clear; single pack image vs duo pack cost basis; footnote insufficient)
Breach clauses	Clause 7.2 (x2)
Sanctions	Undertaking received; Additional sanctions: Not stated
Complaint received	08 August 2011
Case completed	15 September 2011
Appeal	No appeal
Applicable Code year	2011

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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GlaxoSmithKline Consumer Healthcare complained about a prescriber mailing (ref 06458) for Nicorette QuickMist (nicotine mouthspray) distributed by Johnson & Johnson Limited.
The mailing prominently claimed “60 second craving relief” (referenced to “Data on file 002”) and included a bullet “Breakthrough cravings can jeopardise a quit attempt”.
The supporting study for the “60 second” claim used two sprays per cigarette replacement, but the mailing did not make the two-spray regimen clear.
The mailing also claimed: “Cost of treatment: £1.23 per day for an average 20 per day smoker, using one spray in place of their normal cigarette**” with a footnote “**Based on the NHS cost of the duo pack”.
The visual on the mailing showed a single dispenser pack (NHS cost £11.48), while the cost calculation was based on the duo pack (NHS cost £18.50; £9.25 per dispenser).

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The Panel ruled the juxtaposition of “60 second craving relief” with “Breakthrough cravings can jeopardise a quit attempt” was misleading. Breach of Clause 7.2.
The Panel ruled the “£1.23 per day” cost claim was misleading given the undisclosed two-spray regimen underpinning the key efficacy claim and the pack image/price mismatch. Breach of Clause 7.2.
No appeal.

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