Have you ever used Salonpas Pain Relief Patch? The seller, Hisamitsu America, Inc., has claimed that these patches are amongst the strongest in the market. The product’s advertising has stated, “All OTC pain relievers including Voltaren, have one thing in common. None are proven stronger or more effective against pain than Salonpas Pain Relief Patch Large.” The seller also claims that this patch is the “only pain reliever labeled to relieve mild to tougher, moderate pain” and “the strongest labeled OTC topical pain reliever.”
However, the Better Business Bureau (“BBB”) National Advertising Division (“NAD”) has determined that these claims are not supported. The NAD has recommended that Hisamitsu cease making these claims on the grounds that the advertising “expressly or impliedly communicates messages to consumers about benefits of the Salonpas patch that goes beyond the indications cleared by the FDA.”
The NAD further alleged that the seller targeted people with arthritis even though the claims were misleading:
“The challenged advertising, which NAD determined is targeted to people who suffer from the pain associated with arthritis, contains several express performance claims regarding Salonpas’ onset of action, including “For Salonpas Pain Relief Patch LARGE, pain relief generally occurs within 1 hour of application” and “Salonpas demonstrated the clinically meaningful pain relief in the first day.” While Hisamitsu presented a reliable and well-conducted study in support of these claims, NAD found that a study on the onset of pain relief for muscle strain patients does not demonstrate the onset of pain relief for a consumer suffering from arthritis might experience. Therefore, NAD determined that the advertiser failed to provide a reasonable basis for these claims and recommended modification to avoid the misleading message that arthritic consumers specifically will receive pain relief within one hour of application and clinically meaningful pain relief in the first day.”
If you have purchased or know someone who has purchased the Salonpas Pain Relief Patch, you should contact the attorneys at Finkelstein, Blankinship, Frei-Pearson & Garber, LLP. The attorneys at Finkelstein, Blankinship, Frei-Pearson & Garber, LLP have successfully brought lawsuits on behalf of consumers aggrieved by such deceptive claims. Contact us today to find out what you may be owed.