Janssen Pharmaceutical Pty Ltd v Pfizer Pty Ltd

In this case, Janssen Pharmaceutical Pty Ltd sought relief from misleading advertising by Pfizer Pty Ltd, another pharmaceutical company. Janssen argued that Pfizer's advertising for its medication Combantrin, which claimed to treat three common types of worms in Australia, was misleading and deceptive under sections 52 and 53 of the Trade Practices Act. The court found that Pfizer's advertising was misleading in several ways: it inaccurately suggested that roundworm and hookworm were common in Australia, whereas they were extremely rare; it falsely claimed that Combantrin could treat all three common types of worms, when in fact it did not treat whipworm, which was more prevalent; and it disparaged a competitor's product, Vermox, by suggesting it could be dangerous. The court granted Janssen's application for injunctive relief, restraining Pfizer from continuing the misleading advertising and requiring it to recall and destroy existing materials. The court also ordered Pfizer to publish corrective advertisements in professional and national media to correct the misinformation disseminated. The court found that it had the power to order corrective advertising under the amended Trade Practices Act, which now empowered the court to "grant an injunction in such terms as the Court determines to be appropriate."

In summary, the court found Pfizer's advertising to be misleading and deceptive under sections 52 and 53 of the Trade Practices Act, granted Janssen's application for injunctive relief and corrective advertising, and ordered Pfizer to pay Janssen's costs of the proceedings. The orders included restraining Pfizer from continuing the misleading advertising, recalling and destroying existing materials, and publishing corrective advertisements in professional and national media.