Janssen Pharmaceutica v Pfizer Pty Ltd [1985] FCA 697

Janssen Pharmaceutica v Pfizer Pty Ltd [1985] FCA 697

The Court found that Pfizer Pty. Ltd., in its advertising and promotion of Combantrin, engaged in misleading or deceptive conduct by making false statements as to the types and prevalence of gastro-intestinal nematode worms in Australia.

Source-derived case information.

Parties
Applicant: JANSSEN PHARMACEUTICA Pry. LTD.; Respondent: PFIZER PTY. LTD.
Jurisdiction
Australia
Judgment Date
19 November 1985
Procedural Posture
General Division Proceeding / Judgment and Orders
Outcome
Orders made restraining the respondent from further dissemination of specified materials and requiring corrective steps; costs awarded to applicant.
Legal Topics
Misleading or Deceptive Conduct, Advertising, Consumer Protection
Competition and Consumer Law Misleading or Deceptive Conduct Advertising Consumer Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

JANSSEN PHARMACEUTICA Pry. LTD.

Applicant

PFIZER PTY. LTD.

Respondent

Procedural Posture

General Division Proceeding / Judgment and Orders

Legal Issues

  1. 1 Whether Pfizer Pty. Ltd. engaged in misleading or deceptive conduct in its advertising and promotion of Combantrin by making statements regarding human-infesting gastro-intestinal nematode worms in Australia

Ratio Decidendi

The Court found that Pfizer Pty. Ltd., in its advertising and promotion of Combantrin, engaged in misleading or deceptive conduct by making false statements as to the types and prevalence of gastro-intestinal nematode worms in Australia.

Court Disposition

Orders made restraining the respondent from further dissemination of specified materials and requiring corrective steps; costs awarded to applicant.

Orders

  • Respondent restrained from publishing or disseminating specified video, manual, television and radio advertisements concerning Combantrin.
  • Respondent to recall and procure the return of all copies of the video and, as far as possible, the manual distributed within Australia, and to prevent future broadcasts of specified advertisements.