Sanofi v Eremad Pty Ltd

Sanofi Pty Ltd (Sanofi) sought interlocutory relief against Eremad Pty Ltd (Eremad) in the Federal Court of Australia. The dispute concerned allegations of misleading and deceptive conduct in contravention of the *Australian Consumer Law* (ACL), specifically in relation to the marketing and sale of a pharmaceutical product. Sanofi contended that Eremad had engaged in conduct that was likely to mislead consumers about the efficacy and nature of its product, thereby impacting Sanofi's own market position.

The primary legal issue before the Court was whether Eremad's conduct constituted misleading or deceptive conduct under section 18 of the ACL. This required the Court to assess whether Eremad's representations, viewed objectively from the perspective of the relevant class of consumers, were likely to mislead or deceive. A secondary issue concerned the appropriate form of interlocutory relief, should the Court find a serious question to be tried regarding the alleged contraventions.

Justice Murray considered the evidence presented by both parties, including marketing materials and expert opinions. Her Honour applied the established principles for assessing misleading or deceptive conduct, focusing on the overall impression created by Eremad's representations. The Court found that there was a serious question to be tried as to whether Eremad's conduct was likely to mislead consumers regarding the benefits and intended use of its product. Consequently, the Court determined that interlocutory relief was warranted to preserve the status quo pending a final determination of the proceedings.

The Court ordered that Eremad be restrained from continuing the conduct complained of, pending the final resolution of the proceeding.