Perrigo Company today announced that the United States Court
of Appeals for the fourth Circuit has affirmed an earlier decision that Mead
Johnson had engaged in false advertising resulting in an injunction prohibiting
Mead Johnson from making similar claims and awarding damages in favor of PBM.
Perrigo’s Chairman and CEO Joseph C. Papa concluded,
“We are pleased that the Appeals
Court affirmed the District Court’s decision in
favor of PBM. The Court has made it clear that national brand and store brand
suppliers are entitled to fairly compete and advertising abuses will not be
tolerated. We also appreciate the Court’s recognition that PBM could lawfully
compare its products to national brand products.”