Drugs court battle important to pharmaceutical industry
Publish date: 27 June 2007
Issue Number: 1855
Diary: Legalbrief Today
Category: General
In a case that may have far-reaching consequences for marketing strategies in the pharmaceutical industry, Adcock Ingram, manufacturer of one of SAs best known painkillers, Myprodol, faces legal action from rival Sandoz, which makes a generic copy of the drug called Ibupain Forte.
A Business Day report notes that last year the Advertising Standards Authority dismissed a long-running dispute between the groups over the Sandoz marketing campaign for its drug, which Adcock claimed piggy-backed on its established goodwill by echoing the red and green combination Adcock had used for decades to market its Myprodol capsules. In the latest twist, Sandoz is taking Adcock to court, alleging that its marketing campaign for Myprodol breaches the Medicines and Related Substances Control Amendment Act, which prohibits direct advertising to consumers for medicines classed as schedule two or higher. Its a blatant transgression of the law, said Sandoz medical director Dinesh Bheema. The case is set for the Johannesburg High Court on September 18. Full Business Day report
