Schering-Plough Sues Pfizer In Dispute Over Allergy Drug Settlement October 05, 1998 8:17 PM
NEW YORK -(Dow Jones)- Schering-Plough Corp. filed a lawsuit Monday against Pfizer Inc., claiming the rival drug-maker broke a previous agreement that resolved a heated dispute between the two companies over their competing allergy drugs.
Schering-Plough (SGP) markets Claritin, while Pfizer (PFE) markets the rival prescription allergy medication Zyrtec. The dispute between the two companies dates to 1996, when they attacked each other over their marketing practices - Schering-Plough claimed Pfizer salesmen were falsely touting their drug as nonsedating, while Pfizer claimed Schering-Plough salesmen put warning stickers on Zyrtec samples in doctors' offices.
The two sides settled the litigation that resulted, promising to back off even though they didn't admit any wrongdoing. But in the new lawsuit, filed in federal court in New York, Schering-Plough alleged Pfizer has violated that settlement, by continuing to claim that Zyrtec doesn't cause drowsiness.
That hurts Schering-Plough, the company says in its lawsuit, because if doctors and other medical professionals inaccurately think of Zyrtec as nonsedating, they're more likely to prescribe it instead of Claritin.
The Food and Drug Administration has required Zyrtec to include a drowsiness warning in its labeling, because people who take it feel drowsy more often than might be expected from taking a placebo. Claritin is categorized as nonsedating and doesn't have to include such a warning.
On Monday, Pfizer's (PFE) stock closed down $4.375, or 4.4%, to $94.75 a share, on New York Stock Exchange volume of about 5.5 million. Schering-Plough's (SGP) stock ended down 12.5 cents, or 0.13%, to $99.375 a share, on Big Board volume of 1.8 million.
A spokeswoman for Pfizer said she wasn't aware of the new suit and had no immediate comment.
UCB Pharma Inc., which also markets and sells Zyrtec, was also named as a defendant in the suit. UCB Pharma is a unit of Belgium's UCB S.A.
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