Advil Makers Lose Fight Over Aleve Advertising

A judge Tuesday rebuffed the makers of Advil, who had sought to quash advertising claims for Aleve, a fast-rising competitor.

The judge complained that the mountains of conflicting claims he had to read about the two painkillers had left him with a “monumental headache.”

U.S. District Judge Nicholas H. Politan rejected the contention that Aleve’s distributor, Procter & Gamble Co., deliberately intended to mislead consumers. He also said there was no reliable proof that the ads conveyed a message that Aleve worked better than Advil or was effective for longer periods. Procter & Gamble claimed victory.

American Home, based in Madison, N.J., filed the suit Aug. 8, asking that the Aleve ads be halted.

The ads proclaimed Aleve to be “All day strong--all day long” because its recommended dosage is one or two pills every eight to 12 hours instead of every four to six hours. The ads stopped short of claiming one dose of Aleve would be effective for eight to 12 hours.

American Home Products surveys found that consumers got the message that Aleve lasts longer, but the judge said the studies were flawed.