Major Advertising Decision

In a significant DNJ decision, Judge rules that GE Healthcare engaged in false advertising in violation of the Lanham Act and client Bracco Diagnostics' rights, granting corrective advertising and other relief.

In one of the most significant false advertising cases in history, the Court agreed with our client Bracco Diagnostics that GE Healthcare had engaged in misleading advertising and promotional campaigns when it claimed that its x-ray contrast agent was allegedly superior to Bracco's leading x-ray contrast agent. We worked closely with the Kramer Levin firm in NYC and heavily participated throughout the lengthy case.

As a result of GE Healthcare's misconduct, it was permanently enjoined from making further false claims and directed to take certain corrective actions. The Court awarded Bracco $11.4 million in damages to cover the corrective actions, and rejected GE Healthcare's counterclaim against Bracco.

This decision should serve as a template for the pharmaceutical industry with respect to advertising claims and competitive advertising and promotional campaigns. It is expected to generate a number of academic articles and analyses.