Janssen Pharmaceutica Pty Ltd v. Pfizer Pty Ltd [1985] FCA 574

Janssen Pharmaceutica Pty Ltd v. Pfizer Pty Ltd [1985] FCA 574

The representations that roundworm and hookworm are common in Australia and that Combantrin treats all common worms, as well as the disparaging claims about Vermox, were false and misleading; neither roundworm nor hookworm are significant concerns for ordinary Australians, and only threadworm is common. The omission of whipworm and Strongyloides which are not treated by Combantrin reinforces the misleading nature of the statements. Further, the Court now has the power to order corrective advertising under the amended s.80 of the Trade Practices Act.

Jurisdiction
Australia
Judgment Date
07 November 1985
Procedural Posture
Civil / Judgment and Orders After Trial
Outcome
Orders for injunction and corrective advertising granted in favour of the Applicant. Costs awarded to the Applicant.
Legal Topics
['misleading and Deceptive Conduct' 'corrective Advertising' 'pharmaceutical Advertising' 'injunctions' 'comparative Advertising']
['trade Practices' 'consumer Law'] ['misleading and Deceptive Conduct' 'corrective Advertising' 'pharmaceutical Advertising' 'injunctions' 'comparative Advertising']

Case Brief

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Procedural Posture

Civil / Judgment and Orders After Trial

Legal Issues

  1. 1 ['Whether the respondent engaged in misleading and deceptive conduct in contravention of s.52 of the Trade Practices Act 1974 through its advertising campaign for Combantrin.' 'Whether the respondent made false and misleading statements concerning the need for goods, contrary to s.53(f) of the Trade Practices Act 1974.' 'Whether the Court has the power to issue a mandatory injunction requiring corrective advertising under s.80 of the Trade Practices Act 1974.']

Ratio Decidendi

The representations that roundworm and hookworm are common in Australia and that Combantrin treats all common worms, as well as the disparaging claims about Vermox, were false and misleading; neither roundworm nor hookworm are significant concerns for ordinary Australians, and only threadworm is common. The omission of whipworm and Strongyloides which are not treated by Combantrin reinforces the misleading nature of the statements. Further, the Court now has the power to order corrective advertising under the amended s.80 of the Trade Practices Act.

Court Disposition

Orders for injunction and corrective advertising granted in favour of the Applicant. Costs awarded to the Applicant.

Orders

  • ["The respondent is restrained from publishing or disseminating the video 'Worms - Knowledge & Treatment', the 'Pfizer Pharmacy Reference Manual', the relevant television advertisement and certain radio advertisements concerning 'three common human-infesting gastro-intestinal nematode worms in Australia'." 'The...