Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products.
Preliminary injunctions in Germany
Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In this scenario, a warning letter may be followed by a preliminary injunction request before a court to prohibit the objectionable advertising content.
No one regulatory authority oversees marketing materials in Germany so the market is self-regulated, meaning that competitors regulate each other and act before the state courts. Many are surprised that injunctions can be obtained in false advertising matters and by how quickly they can be obtained. Tanja highlights the availability and value of this enforcement channel in the “jungle” of European jurisdictions.
Launching in Europe from the U.S.
Tanja comments that U.S. life sciences clients are well advised to establish legal advice in Europe pre-launch. Advice should be based on a combination of sound jurisdictional awareness and industry knowledge so that flaws and strengths can be identified to avoid disruption of product launch through false advertising claims.