Ryan v Novartis Animal Health Australasia Pty Ltd

The applicant, Ryan, brought proceedings against the respondent, Novartis Animal Health Australasia Pty Ltd, in the Federal Court of Australia. The dispute concerned allegations of misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)) and the Australian Consumer Law. Ryan alleged that Novartis made false or misleading representations about the efficacy of a veterinary product, "NexGard," a flea and tick treatment for dogs.

The central legal issue before the Court was whether Novartis had engaged in misleading or deceptive conduct by representing that NexGard provided "rapid kill" of fleas and ticks. Specifically, the Court had to determine if the representations made by Novartis, including those in advertising and product packaging, were in fact misleading or deceptive, having regard to the evidence presented regarding the product's performance and the scientific data supporting its claims.

Judge Cameron found that Novartis had engaged in misleading and deceptive conduct. The Court reasoned that the "rapid kill" claims were not substantiated by the evidence. Expert testimony and scientific studies presented by the applicant demonstrated that NexGard did not achieve the rapid kill of fleas and ticks as represented. The Court applied the principles of misleading and deceptive conduct, focusing on whether the representations were likely to mislead or deceive a significant number of consumers in the relevant market. The Court concluded that the representations were likely to mislead consumers into believing the product acted more quickly than it actually did, thereby affecting their purchasing decisions.