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Look at the picture and you will see the two types of Voltarin Gel that you can buy at a pharmacy or in a supermarket, both of which are described as good For the temporary relief of local pain and inflammation.

Voltarin Emugel is the basic gel, while Voltarin Osteo Gel looks to be superior because this is added to the description associated with mild forms of osteoarthritis of the knees and fingers, and it sells at a higher price - at least $3 higher.

Why then is the Australian Consumer Watchdog - the ACCC - is taking the makers, GSK and Novartis, to the Federal Court claiming that they are misleading the public when they claim Voltaren Osteo Gel is superior to Voltaren Emulgel?

The reason is simple - both types contain exactly the same ingredient - diclofenac gel 11.6mg/g. When the ACCC pointed this out to GSK and Novartis, they added on the Voltaren Osteo Gel label Same effective formula as Voltaren Emulgel. They did not remove the added description associated with mild forms of osteoarthritis .... or remove 'Osteo' from the name.

GSK and Novartis justify the higher price because the Osteo Gel has a large blue triangular cap (see the picture) which is easier to open for arthritis sufferers than the small grooved round cap on the Emulgel tube.

The Federal Court case has only just begun. Watch this space to see whether the Court agrees with the ACCC that the description and the higher price are misleading the public or GSK and Novartis succeed in proving the description and higher price are justified.