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This is a sponsored guest post written by a Press Release on behalf of PBM Products. Post powered by Sponzai.

GORDONSVILLE, VA., December 2 , 2009—PBM Products, LLC, a leading infant formula company that supplies store-brand infant formulas to Walmart, Sam’s Club, Target, Kroger, Walgreens, and other retailers, has received a favorable jury verdict and a $13.5 million damages award in its false advertising lawsuit against Mead Johnson & Co., the operating subsidiary of Mead Johnson Nutrition Company (NYSE: MJN) (“Mead Johnson”), the makers of the national-brand Enfamil® LIPIL® Infant Formula. Mead Johnson is 83 percent-owned by Bristol-Myers Squibb.

PBM’s lawsuit claimed that Mead Johnson engaged in false and misleading campaigns against PBM’s competing store-brand of infant formulas, suggesting they do not provide the same nutrition as Mead Johnson’s brands. PBM’s store-brand infant formulas cost up to 50 percent less than Enfamil® LIPIL®. The $13.5 million in damages awarded by the jury in the United States District Court for the Eastern District of Virginia is one of the largest damages awards ever for a false advertising case.

“This decision by a jury of the people confirms that Mead Johnson’s ads have been false in suggesting that there is a nutritional difference between our store-brand formula products and their products, when in fact the only major difference is price,” said PBM CEO Paul B. Manning. “Despite Mead Johnson’s scare tactics, parents are assured that PBM’s formula products are as high quality and nutritious as Mead Johnson’s.”

U.S. District Court Judge James R. Spencer issued his written rulings yesterday following the November 10^th jury verdict. Judge Spencer’s written rulings permanently enjoined Mead Johnson from making any false statements concerning PBM’s infant formula, including the claims Mead Johnson previously made in Enfamil advertising that “It may be tempting to try a less expensive store brand, but only Enfamil LIPIL is clinically proven to improve brain and eye development,” and “there are plenty of other ways to save on baby expenses without cutting back on nutrition.”  The Court also ordered Mead Johnson to retrieve from the public domain all advertising or promotional materials containing these or any other false claims about PBM’s store brand infant formula. 

The details of the decision and the complaint are posted online in full at:

· http://www.pbmproducts.com/docs/Order_Laches.pdf

· http://www.pbmproducts.com/docs/PBM_Complaint_MJ_III_LIPIL.pdf

The nutritional supplements under examination in the case are two fats, DHA (docosahexaenoic acid) and ARA (arachidonic acid), which Mead Johnson calls “LIPIL®” solely for marketing purposes and touts as promoting infant brain and eye development. PBM’s claim focused on Mead Johnson’s direct mailing to more than 1.6 million parents of an alarming blurry picture of a child’s cartoon duck next to a clear picture of the same image which suggested that anything other than the Enfamil LIPIL® blend of ingredients is inferior and will result in poor eye and brain development. Other parts of the false advertising campaign consist of statements that only Enfamil LIPIL has been proven to confer visual and mental benefits on infants, and store-brand formulas are a “cut-back in nutrition” compared to Enfamil.

PBM successfully argued that these advertisements were false and misleading especially since PBM store- brand infant formulas have the same nutrients at the same levels as Enfamil. PBM infant formulas are formulated to contain DHA and ARA, and are sourced from the same supplier in amounts which equal or exceed the DHA and ARA in Mead Johnson’s Enfamil LIPIL®.

This decision marks the third time PBM Products has sued Mead Johnson for false advertising claims. On the prior occasions Mead Johnson admitted that it made false claims about PBM’s products. It is also the first false advertising case to focus on the issue of DHA and ARA nutritional ingredients in formula, which were introduced into the market in 2003 and have become a staple in recent years by many brands as key components for infant development.

“This jury verdict should send a significant and clear message to Mead Johnson about the way it conducts marketing and advertising for its brands,” said Manning. “This lawsuit also demonstrates our complete commitment to defending our products and the valuable brands of our retail partners.”

“As a parent and supporter of children’s medical research, I take a personal responsibility in assuring our customers that the products we produce are healthy and nutritionally equivalent to brand names like Enfamil® LIPIL®. It is important, especially now, for parents to know that there are lower priced yet highly nutritious store-brand formulas that will provide the same benefit to their children as any national brand name formula product,” Manning added.

The U.S. infant formula market is estimated at $3.4 billion and the global market is estimated at $7.9 billion.

All of PBM’s formulas, and for that matter all of U.S. infant formulas, are subject to the exacting standards of the U.S. Food and Drug Administration (FDA), pursuant to the Infant Formula Act of 1980. This legislation vested FDA with the authority to ensure that all infant formula products sold in the United States provide the necessary levels of identified nutrients required for the growth of healthy babies. For more information, visit this FDA link.

PBM Products was represented by the law firm Kramer Levin Naftalis & Frankel LLP. Partners from the firm’s advertising practice, Harold P. Weinberger and Jonathan M. Wagner in New York, led the team.

About PBM

PBM is privately owned and based in Gordonsville, VA. PBM companies specialize in manufacturing, distributing, and marketing consumer food, nutritional, and pharmaceutical products. For more information, visit www.pbmproducts.com.

Enfamil® LIPIL® are registered trademarks of Mead Johnson & Co.

To start us off, let’s take in a simple statistic. The National Institutes of Health currently estimates the US economy loses more than $100 billion per year on healthcare expenses, lost productivity and lost earnings caused by chronic pain. People in serious pain cannot go to work and take up time in the healthcare system. By a curious coincidence, the estimated cost of the healthcare reform currently working its way through the Washington mill is less than $100 billion per year. That’s why more than 75 millions Americans could do with a reversal of the current approach to pain. All the main lobbying power going into efforts to block reform supports the idea of maximum profit for minimum effort. That means doctors peddle pills as the first response treatment and discourage those in pain from seeking access to proper support services. OK, so just what are these “proper” support services?

Pain is a symptom of an underlying health problem. It can be an injury or the result of a disease. The first step is therefore a full diagnostic exercise to positively identify what is causing the pain. It’s no use trying to guess whether you do or do not have, say, a herniated disk. There are tests that can say definitively what the problem is and so point directly at the recommended treatment. In the case of a herniated disk, this would be a steroid injection and physical therapy. As with any service, it’s a case of matching resources and needs. Once you have a diagnosis, you can say whether a hospital should perform surgery or apply one of the other interventional procedures. Fully informed decisions can be made on which drugs to use and at what dosages.

As it is, patients are left as a continuing experiment to try different drugs at different dosages and report back on pain levels. In appropriate cases, there can be reference to physical therapy or, sometimes more effective, psychological counseling, cognitive behavioral therapy and support services. All this before we get to the alternative therapies including acupuncture. Why all these different options? Because, people are complicated and do not fit into convenient treatment boxes. Everyone deserves to be treated as an individual with the right treatment given by the appropriate specialist.

Progress to persuade hospitals and clinics to set up pain management services is slow. These for-profit organizations do not believe they make a sufficient return on the cost of labor to justify creating a comprehensive department, bringing all the specialisms together. Change will only come when the politics of healthcare advances past the question of capitalism and makes the patient the center of attention. Until then, the best we can hope for is good medication. When it comes to the relief of moderate to severe pain, we are fortunate to have tramadol available. This is an opioid and so offers much the same level of relief as the opiates but with fewer adverse side effects. If you cannot prevail on your health insurance company to pay for “proper” pain management, you can console yourself with the best of the medications. Buy tramadol, write to your congressman and hope better days will come on the pain management front.

It’s a sad fact of life that much of the research published in the medical journals is depressing. These scientists spend their lives studying all the different ways in which people can die. There are only a few major breakthroughs each year. The rest of the time, the best you can hope for is a small step forward in understanding the problems. In the case of erectile dysfunction there is a clear trend emerging. In England, Dr Kirby who recently published Sleeping With Ed, has been co-ordinating research into the relationship between men with erectile dysfunction and cardiovascular disease. The current state of the research shows that the first symptoms of erectile dysfunction double the risk of developing heart disease within four years. The reason is easy to state. The usual physical reason for erectile dysfunction is that the artery leading into the penis does not dilate properly. This is a narrow artery. If there is a problem with this artery now, the same problem is likely to affect the larger arteries in the chest and lungs next. erectile dysfunction is a better predictor of heart disease than high cholesterol, high blood pressure or among smokers. The next phase of the research is to begin treating men with drugs to lower the levels of lipids and statins to see whether fewer cases of heart disease emerge. But in the UK, many doctors continue to view erectile dysfunction as a problem of lifestyle and not as the basis of predicting more serious health problems.

In the US, the Mayo Clinic has recently published an important new study demonstrating that heart disease can be slowed or halted by early medical intervention. This means treating all younger men between 40 and 49 who consult their doctors with erectile dysfunction as potential heart patients. So, when you go see your doctor about erectile dysfunction, do not be surprised if a range of tests for heart disease are ordered. For the record, between 5 and 10% of men under 40 are likely to experience erectile dysfunction. It then becomes increasingly common as men age. Between 40 and 60% of men over 70 are affected.

So, this research is good news for two reasons. The first is that, having proved the link, it is now possible to prevent the early deaths of many younger men from strokes or heart attacks. Drugs to reduce blood pressure and cholesterol levels, improved diet and exercise combine in a regime to extend lives. All this is possible because you experience erectile dysfunction. The second reason is that levitra will offer immediate relief to the problem of erectile dysfunction. However, you should not buy levitra on the internet and self-medicate. You need careful guidance on dosage if you do start taking other drugs to control your blood pressure. That said, with proper guidance, there is no reason why, with levitra, you should not cure the erectile dysfunction, and live a longer and more satisfying life as a result.

In these more modern times of sexual equality, it may not be politically correct to talk about differences between men and women. Unfortunately, the medical profession cannot ignore the increasing volume of scientific evidence that there are important differences, particularly when it comes to pain management. In this, it is important to distinguish between biological sex and gender. There are visual tests for the presence or absence of reproductive organs, and lab tests for chromosomes that help to say whether this is a man or woman. Gender, on the other hand, is a list of the social roles society defines for people. This can be complicated when people choose to act or behave in ways considered more appropriate for the opposite sex. As an example of the problem, you only have to look at the complaints that Caster Semenya is not a woman. How can this muscular person from South Africa suddenly beat the word record for the 800m by one second and be a woman?

The last decade has seen a rapid rise in the volume of research into gender differences in the response to pain. There is clear evidence that women are more likely to consult a doctor about pain and to take drugs to relieve that pain. As a result, the national statistics show more women than men suffering from the more common medical conditions causing pain such as arthritis, irritable bowel syndrome, fibromyalgia, etc. In tests involving healthy volunteers, women are more likely to report higher levels of pain than men. This applies regardless of the other factors of age, race, ethnicity and religion. Interestingly, brain scans have shown that pain affects different parts of the brain. In women, the limbic area which also affects emotions is stimulated more than in men.

The speculation is that the differences in brain activity flow from early human development. Men were the stronger group with responsibility to fight to defend the community. This means being prepared to accept pain. Women were expected to respond to danger by nurturing and protecting the young, running away if necessary. Today, men remain less willing to admit to feeling pain and are reluctant to seek medical help. It does not matter whether this is a biological or gender difference, the statistical evidence for this unwillingness to seek help is absolutely clear. But, equally clear is that tramadol relieves the pain of both a macho man and an emotional woman. Even though there may be gender differences, the biological effect of tramadol is the same on a human body. It relieves moderate to severe pain. So, perhaps it is time for all men suffering in silence to overcome the cultural conditioning that threatens their self-esteem if they admit to pain. Once you have clearance from your local healthcare provider that there are no problems in you taking this drug, go online and buy tramadol from the privacy of your own home. This relieves the pain and preserves your image.

It seems the imagination of the folk who work for TV corporations is limited to the same basic formula. Reality shows are big business. If you want to earn the maximum revenue from selling ad space on TV, have a group of regular people running round the world doing silly things in a search for one million dollars or follow a group of families as they compete against each other to see who can lose the most weight. In these shows, the biggest losers are the winners. These are the people who, for some reason, catch the imagination of the public. They become fan favorites and find their public lives transformed with fans approaching them as they walk down Main Street. Actually, for weight loss, this can be a big plus because fans can embarrass people into keeping to a diet. Imagine how a participant in a weight loss show would feel if everyone pointed them out as they bought another donut. This would be a sure-fire way of motivating them to eat only healthy food.

Anyway, ABC has announced a new version of the same-old tired show. It’s to be called the Extreme Weight Loss Show. Note the touch of originality by adding “Extreme” to the title. You can always tell producers are desperate when they start using words like “extreme”. So the hook to convert the ordinary into the extreme is that each of the contestants in this competition must aim to lose an amazing amount of weight: the men must be on a program to lose not less than 200 pounds, the women not less than 150 pounds. Now the writer has a conceptual problem with these numbers. He weighs 170 pounds in total so the idea that someone could lose more than he weighs boggles his mind. Yet ABC expects the world to line up outside its doors in Nashville to volunteer their time and sweat. The lure of the fame or notoriety is just too great. Sorry, perhaps that should be the lure of the extreme cash prizes for the winner is just too great. It’s amazing how many people will humiliate themselves just to earn a dollar.

The show does have a realistic timeframe in mind. It is employing a team of personal trainers who will visit each contestant’s home to bully them into action. No reality show is complete without all those tears of frustration when contestants find their comfortable bubble punctured by aggressive trainers. The cameras will record these sessions and follow the contestants over a one year period. The person losing the most weight wins the prize. This is not unrealistic. It rules out all those who might try to starve themselves into a winning loss, offering a gentle and safe weight reduction approach. But only someone really motivated will keep to a high-intensity exercise program over a year. This is a fair test. Which brings us to phentermine because, when your motivation is running down and hunger is about to send you back into the kitchen for a soda and snacks, this drug steps into that gap in your stomach and sends out the message, “No” to the brain. Buy phentermine and find out why millions of people have lost weight over the last fifty years (and counting).

In a culture caught up in the can-do mentality, the idea of treating pain through the mind is viewed with some suspicion. People have been taught to believe drugs and formal invention by a trained specialist are the routes to an effective cure. This is the American way. If the body is broken, you fix the body. There’s no need for any New Age, touchy-feely talk. Indeed, people who persistently complain of pain but have no obvious injuries or disease, can find themselves attacked as malingerers trying to game the benefit system.

Family, friends and neighbors can rapidly run out of sympathy if you seem to be a freeloader. Against this background, the healthcare service does offer a limited range of counseling and support options. These services are not pushed more agressively because the high number of staff required to run these services drives up the operating costs. The hospital does not make as much profit as from other services.

There is a substantial volume of evidence from research studies around the world to prove a clear link between a patient’s attitude and a patient’s awareness of pain. Those who are relaxed and have a positive outlook on life have lower sensitivity to pain. Those who are anxious, stressed and shading into depression are more likely to experience more intense pain. For patients to get benefits from psychological counseling, they have to invest time and money. This is not an easy cure that might come from the simple act of swallowing a pill. It requires people to make an effort. Put all this together and you see the problem. Because many private health plans do not include the cost of counseling and family budgets are under strain with the current recession, most believe they cannot afford this approach.

The focus is on the cost now, not the cost of drugs spread over years. In the long term, people will save money but it requires investment now. If this means a little extra debt, it’s well worth it. The most recent research published in The Journal of Pain shows that even one hour of meditation training produces a reduction in the level of pain felt. The full range of treatment options are meditation training, distraction and relaxation. The evidence clearly shows that people feel less pain while actually meditating. Even after meditation, the effect of pain relief continues, i.e. people perceive the pain differently. Similarly, people who train their minds to relax or focus their attention on different factors in the environment also experience pain relief. The level of pain remains unchanged. The focus in all three options is to treat the emotional response to it.

None of this denies the valuable role to be played by drugs such as tramadol. As one of the first-choice drugs used by people in pain, there are millions who will testify that it works to relieve moderate to severe pain. It does make sense to buy tramadol and get some of that relief. However, no matter how convenient it is to pop pills, in the long term, meditation is cheaper and better. It’s your choice.

The health story that had everyone’s attention at the beginning of the year was the threat of swine flu. We all watched as the threat level inched up to pandemic. Yet, although millions of people have caught this flu, only a few tens of thousand have died. But there is still interesting news about the pattern of deaths. The people most likely to die are young and, almost without exception, they are obese. Frankly, if you carry excess weight, this flu is a killer, which raises a more general question for you to chew on. No matter what you might choose to believe, the majority of people are overweight because of their lifestyles. They eat too much and exercise too little. So, the US is a country where individual liberty is the most important quality of life. It’s up to every one of us to take personal responsibility for what we do and the consequences of those actions. So what personal responsibility should we take for our own health? Further, if we are against big government, should people who do not take care of their health just be allowed to die if they do not have enough money to pay for health insurance?

The latest statistics show that, as a nation, we spend about 16% of the gross domestic product on health care. This includes the cost of medications and is double the average in countries around the world. But we are not a healthy nation. Counting the number of prescriptions fulfilled through real world pharmacies, we consume more sleeping pills and antidepressants per head of population than any other nation. That’s before we start guessing how many drugs are purchased on the internet. We are seriously overmedicated. The results are easy to see. Many drugs cause insomnia as an unintended side effect. So we all walk around like zombies and beg our doctors for relief. So now comes the difficult decision. Do you reduce the dosages of the drugs you are taking, or add ambien to the mixture to offset the side effects? The rational answer is to do without the first drug altogether. If it is interfering with your sleep and making you feel worse, you should stop taking it. Adding a second drug to balance out the side effects of the first is more expensive and potentially going to make you dependent on one or both drugs.

When there is very clear scientific evidence showing meditation and relaxation techniques as a completely effective treatment for insomnia, there should never be a need to take sleeping pills. People should go through the simple training program and emerge better able to control their sleep patterns. As a result, their general health will improve. But, as with everything, there are problems. The marketers have managed to convince the majority of us that drugs are the best form of treatment. We are taught to dismiss psychology as a waste of time. Worse, private health insurance often will not pay for the training sessions. At a time of recession, this leaves many with no choice. There is only enough to buy ambien and not enough to pay for training in something we do not trust.

For some reason, anxiety has become one of the most common medical problems of our age. It seems to have overtaken depression. One explanation is that people are less judgmental if you admit anxiety. There is considerable prejudice and some discrimination against people suffering with a depressive disorder. It’s considered only one step away from madness and insanity which justifies locking up those affected in a hospital or institution - the public safety argument is that these people are a danger to themselves and others. The reaction of family, friends and employers is the unsympathetic view that depression is a sign of weakness, that with a little effort, people can snap out of their despair and turn their lives around. But we have all experienced some anxiety at some point in our lives and so are more accepting. It’s strange that a change of label can make such a big difference. In many cases, there is nothing to choose between anxiety and depression, i.e. the depressed are often anxious and the anxious get depressed. But society feels less threatened by anxiety and is prepared to be more caring and supportive.

The results of a clinical trial in the north of England have just been published. It involved almost 4,000 patients with anxiety and depression. They were referred to a stepped program of psychological counseling. The majority received low level cognitive behavioral therapy (CBT) delivered over the telephone. Their progress was carefully monitored and those who did not respond well were referred to higher levels of CBT on a face-to-face basis. Over a twelve month period, the participants each received counseling lasting an average of 2 hours 45 minutes. The results show that 75% were either in remission or recovery. This is yet another piece of scientific research confirming psychological therapy to be the most effective way to treat anxiety disorders and depression. What is particularly interesting about this latest English study is that about two-thirds of those who improved only received therapy by telephone. Even a disembodied voice offering comfort and advice delivers effective treatment. As a result of this latest research, some 75,000 patients have now been enrolled in a national program of telephone therapy. The initial results are promising.

Now is the moment when we all put our prejudices aside. Yes, the British have socialized medicine and are treated by Stalinist-trained doctors, but this research is not unique to Britain. There is a rising tide a evidence to show talk-talk is better than a drug-based approach. The reason is not hard to find. People can self-medicate. They go online to buy xanax, the most advertized and so most popular of all the drugs used to treat anxiety. There is no need to produce a prescription. This cuts down the cost to a minimum. No hassles with the health insurance company in arguing whether psychological therapy is accepted, no co-payments and hospital bills. Just a few minutes online brings welcome relief a few days later. But there are just as many clinical trials showing xanax and the other drugs work best over the short term. People must either talk themselves better or get help. Therapy brings lasting cures. If the British are correct in finding telephone delivery just as effective as expensive face-to-face sessions for the majority suffering with anxiety disorders, we should be looking for this service in the US.

Many people use alcohol to relieve stress and pain. It’s considered socially acceptable to go into a pub or stay home and drown sorrows. The only apparent problem comes if the result of drinking is a breach of the peace. For some reason, society sees no problem with those who quietly disable themselves, but locks up anyone who is rowdy or aggressive. In reality, however, there are real problems for a society that has pubs in all towns and cities, and piles up bottles and cans for people to buy in supermarkets and corner shops. The use of alcohol is considered normal and routine. It’s less often seen as abuse and dangerous.

For doctors and pain management specialists, this “everyday” approach to drinking alcohol needs to be directly addressed. Let’s be honest. People drink to relieve stress and feeling pain is a source of stress. Thus, people should be counseled about the potential dangers if they mix alcohol with any of the prescription drugs used for pain relief. Without actual warnings, people’s habits and lifestyle choices will continue as usual with visits to the pub or bottles and cans at home. The results can be long-term damage to the intestinal system and liver.

In recently published research, a team in Florida monitored the behavior of some four thousand adults with chronic pain. The results show that slightly more than a quarter of the participants continued to drink alcohol as a pain management strategy. This was more common among men than women. The culture of drinking is stronger among the male community. But, perhaps surprisingly, medium to high income men were the most likely to drink. In some respects this is counterintuitive. Higher income individuals are more able to afford health insurance and the associated medical expenses. The researchers had expected a better sense of responsibility and a greater willingness to abandon alcohol in favor of medication. But it seems alcohol is not the poor man’s remedy of choice. Further, the decision to drink was not related to the degree of the pain suffered. Some participants had a low threshold, others held out until the pain became intense. The main reason given for using alcohol was convenience. When it comes to self-medication, alcohol can be sipped over time. Pills require slightly more thought because they come in fixed doses with a more obvious risk of overdose.

The medical profession is slowly changing its protocols to advise people suffering long-term pain on the risks of mixing alcohol. The hope is the clear majority can be persuaded to rely only on the more effective drugs, for example, buy tramadol, and to change their habit patterns involving drinking. To date, all the results of research focus on the adverse results after the event. It’s unethical to run clinical trials on the effects of combining alcohol and tramadol. Researchers therefore rely on the honesty of participants to report their alcohol use and the hospitals accurately to report on the number of alcohol-related problems with pain killers like tramadol. The drugs are usually enough on their own to relieve moderate to severe pain. People should not risk making their health problems worse by drinking any alcohol on a regular basis.