When you see the words “Maximum Strength” plastered on a container of over-the-counter medicine, you most likely assume that the drug contains the highest dose that you can buy without a prescription, or the maximum dose that a person can take in one day. “Maximum strength” really has no fixed meaning, and that’s what has led to a dispute between two companies that make anti-flatulence medications.
The National Advertising Division is part of the national Council of Better Business Bureaus, and they’re a self-regulation body for the advertising industry. Companies can file complaints against each other, which the NAD investigates objectively. This is a less painful process than having a complaint filed against an ad with the Federal Trade Commission. It isn’t legally binding, but companies generally follow the NAD’s recommendations.
In this case, Novartis, the maker of Gas-X, complained about a new competitor on the national-brand simethicone market, DulcoGas. Specifically, they objected to the “Maximum Strength” label on the product, which consumers could interpret to mean that it’s the strongest simethicone tablet on the market.
The NAD evaluated these claims and saw two possible interpretations: that DulcoGas is the strongest pill available, or that the recommended dose is the maximum amount of the drug that a person should take per day. Neither is true: Gas-X sells an “extra strength” version at the same doze, 125 mg.
Terms like “maximum strength” and “extra strength” might be plastered on bottles and boxes of non-prescription medication, but they aren’t regulated by the Food and Drug Administration, and there is no set meaning across manufacturers. That’s why it’s important to check dosages, comparing them across different products if necessary.
NAD Recommends Boehringer Ingelheim Discontinue ‘Maximum Strength’ Claim for DulcoGas Product [NAD]
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