Drug advertisements: A prescription for misleading and deceptive conduct?
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The Federal Court recently considered the application of a s 52 of the Trade Practices Act 1974 (Cth) (the Act) to the sophisticated marketing practices of pharmaceutical companies extolling the virtues of complex products to a specialised audience. In AstraZeneca Pty Ltd v GlaxoSmithKline Australia Pty Ltd  FCA 1645, the court was required to consider whether suggesting to doctors that a drug offered patients "total control" over symptoms of asthma could mislead or deceive. The case, which was affirmed on appeal, is important for several reasons.
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