Drug advertisements: A prescription for misleading and deceptive conduct?

Date of this Version

December 2006

Document Type

Journal Article

Publication Details

Millen, Damien (2006) Drug advertisements; A prescription for misleading and deceptive conduct? is published in the Trade Practices Law Journal, Volume 14, Number 4, December 2006, pp. 220-227.
To obtain a copy of this presentation contact the Trade Practices Law Journal

2006 HERDC submission


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 [2005] 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 is currently not available here.



This document has been peer reviewed.