Abbott v. Mead Johnson
Executive Summary
Indianapolis federal court judge denies Abbott request for preliminary injunction against Bristol-Myers Squibb subsidiary for its marketing of Ricelyte oral electrolyte maintenance solution. Abbott, which sells market-leading Pedialyte, filed suit in February and sought an injunction to prohibit Bristol/Mead Johnson from making superiority claims for its product and from marketing a product with a "confusingly similar" name and packaging to Pedialyte. The judge "found certain advertising claims" by Mead Johnson "to be false and misleading," Abbott maintained. The judge, however, ruled "that monetary damages, if awarded following a trial, would be sufficient to compensate Abbott," and that "an injunction would harm the public interest by eliminating competition." A "full trial will follow at which all of the evidence will be submitted and at which we expect to prevail," Mead Johnson maintained.
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