Drug advertisements: A prescription for misleading and deceptive conduct?
Date of this Version
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.
This document has been peer reviewed.