Perrigo wins unfair competition case

ALLEGAN, Mich. Perrigo announced Thursday that it won two favorable jury verdicts against Rexall Sundown in an unfair competition lawsuit that was brought in the U.S. Eastern District Court of New York.

The jury unanimously found that Perrigo's statement, used on wholesalers' and retailers' store brand packaging for joint care products containing glucosamine and chondroitin, inviting consumers to compare the products with Rexall Sundown's Osteo Bi-Flex, is not false and misleading and does not violate Section 43 of the Lanham Act.

In addition, the jury ruled in Perrigo's favor on its false advertising counterclaim against Rexall Sundown under Section 43 of the Lanham Act based on a statement used by Rexall Sundown on packaging from 2006 to 2008. The jury determined that the Rexall Sundown statement was false and misleading and awarded Perrigo damages.

Perrigo's chairman and CEO Joseph Papa stated, "This verdict is an important victory for store brands, U.S. retailers and consumers. The jury verdict confirms that statements on our wholesalers' and retailers' packaging, inviting consumers to compare store brand products to the higher priced national brand products are fair and legal. This kind of statement helps consumers to identify store brand products they want and helps them save as they choose the affordable, high-quality store brand option. We are gratified with this victory as another accomplishment in making quality healthcare more affordable to the U.S. consumer."