GLAXOSMITHKLINE says it is disappointed that the ACCC has launched Federal Court proceedings against it around the marketing of Voltaren Osteo Gel and Voltaren Emulgel pain relief products (PD yesterday).
The company said it had been in ongoing discussions with the Commission, "proactively trying to understand their concerns related to our products, however to date they have not provided clarity about the basis for their concern."
The ACCC alleges that despite Voltaren Emulgel and Osteo Gel both containing the same active ingredient, the company represented that Osteo Gel was specifically formulated for treating osteoarthritis conditions, and was more effective than Emulgel to treat those ailments - with a significant price premium.
GSK contended, "Recent actions by the ACCC provided greater clarity around the expectations of industry regulators and consumers...we responded to this and proactively made changes to Voltaren Osteo Gel 1% packs to make it clearer that the formulation is the same as Voltaren Emulgel and to seek to ensure we continue to meet the expectations of regulators and consumers".
The company said its experience was that people self-selected pain relief based on their symptoms and/or a healthcare professional's recommendation.
While admitting the products were the same, GSK said "we believe the design of the packaging helps people with osteoarthritis open the cap more easily and the instructions for use reflect the TGA approved instructions for use in osteoarthritis."
The ACCC is also pursuing Novartis in the matter, after GSK acquired the Voltaren portfolio in 2016.
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