NAD Re-Opens Case From 1994

P&G, maker of Metamucil, challenged claims by GlaxoSmithKline for its competitive laxative product, Citrucel.  GSK claimed, among other things, that unlike Metamucil, Citrucel does not ferment.  In 1994, NAD determined that GSK's claims were supported.  And in 1997, when P&G tried to re-open the case, NAD refused, stressing the importance of finality to the self-regulatory process.

Now, once again, P&G requested that NAD re-open the case, on the basis that current science demonstrates that Metamucil's main ingredient also does not ferment, undercutting GSK's exclusivity claim.  NAD agreed, finding that the existence of human studies directly related to the digestion of fiber in the human body – compared to the additional laboratory testing at issue in P&G's first request – satisfied the procedural requirement of "extraordinary circumstances."  Accordingly, NAD was willing to consider the challenged claims on their merits.