Healthy Skepticism Library item: 13637

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: news

Apotex Coversyl victory
Pharmacy Daily (Australia) - registration required 2008 May 12
http://www.pharmacydaily.com.au

Notes:

Picture not reproduced here

Full text:

A “NO brand substitution” stamp issued to doctors by Servier for its Coversyl (perindopril arginine) product has been found to be misleading or deceptive to pharmacists and patients.

Apotex brought a trade practices claim against Servier over the issue in Feb 2007, with judgement handed down last Fri.

The judge found that the stamp (pictured) and an associated advertising campaign contravened
section 52 of the Trade Practices Act, citing a claim as to the ‘improved stability’ of the Coversyl product as likely to mislead or deceive doctors.

Another ad which said the drug was ‘Now indicated for stable coronary artery disease’ was also misleading or deceptive.

Apotex has been fighting Servier’s attempts to inhibit generic substitution for Coversyl for some time (PD 24 Sep).

Servier switched its Coversyl products from an erbumine salt to an arginine form, at the same time as targeting doctors with the aggressive anti-generic campaign.

The parties to this latest judgement now have 14 days to agree orders, with Apotex saying it will be seeking “permanent injunctive relief, a recall of the stamp, appropriate corrective advertising and damages.”