Judge Declines To Strike Survey In False Ad Suit Between 2 Pharmaceutical Companies
(October 19, 2016, 1:23 PM EDT) -- BOSTON — In a false advertisement lawsuit between two pharmaceutical companies over a bowel prep for colonoscopies, a Massachusetts federal judge on Oct. 14 refused to strike a survey examining whether a “superior cleansing efficacy” advertisement conveys a certain message (Ferring Pharmaceuticals Inc. v. Braintree Laboratories Inc., No. 13-12553, D. Mass.; 2016 U.S. Dist. LEXIS 142636).
(Memorandum and order available. Document #30-161111-005Z.)
Ferring Pharmaceuticals Inc. advertises and sells Prepopik, which is used as a bowel prep for colonoscopies. Braintree Laboratories Inc. advertises and sells Suprep, which...