IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY KeoelLheA IT MTFK FO - OF JUDGMENT No. «uzecerund MES No. G.220 of 1985 GENERAL DIVISION ~yenwrvren Judge Making Order: Burchett J. Date Order Made: 19 November 1985 OF AUSTRALIA . 28 JAN 2003 Where Made: Sydney THE COURT ORDERS THAT: (1) (2) BETWEEN : JANSSEN PHARMACEUTICA Pry. LTD. Applicant AND PFIZER PTY. LTD. Respondent MINUTE OF ORDER OF THE COURT FEDERAL COURT LIBRARY *, The Respondent by itself its servants and agents he restrained from publishing or disseminating the video recording entitled "Worms - Knowledge & Treatment" ("the video") and the manual entitled "Pfizer Pharmacy Reference Manual" ("the manual") and from causing or permitting to be broadcast the television advertisement made on behalf of the Respondent in relation to its product "Combantrin" ("the television advertisement") and such of the radio advertisements broadcast on behalf of the Respondent as suggest expressly or by implication that there are three common human-infesting gastro-intestinal nematode worms in Australia ("the radio advertisements"). The Respondent forthwith cause such steps to be taken as may be necessary to recall and procure to be redelivered (3) (4) (5) (6) to the Respondent all copies of the video and so far as may be in its power the manual which have been published and disseminated by the Respondent within Australia and to prevent the future broadcast of the television advertisement and the radio advertisements. The Respondent forthwith cause to be destroyed all copies of the video and the manual in its possession save for two (2) copies of the video and five (5) copies of the manual which it may keep for its own record purposes only, and forthwith upon recall of any video or manual previously disseminated cause such video or manual to be destroyed, destruction in respect of the video for the purposes of this order to include the wiping by magnetic means of the material recorded on the cassette tape forming part of the video. The Respondent by itself its servants and agents he restrained from without the prior leave of the Court publishing or making by any medium any of the representations or any representations which are substantially the same as the representations set out in the Schedule to the Amended Application. Where a representation in the Schedule is expressed in the alternative this order refers to each of the alternative versions of the representation. The Respondent forthwith inform the applicant by affidavit of all persons to whom the Respondent is aware after all reasonable enquiry that it has delivered or caused to be delivered a copy of the video or the manual or either of them. The Respondent forthwith cause to be published - prominently in "Pharmacy Trade" and "Australian Journal of Pharmacy" an announcement in the following terms:- "IMPORTANT ANNOUNCEMENT BY PFIZER PTY. LIMITED The Federal Court of Australia has ruled that Pfizer Pty. Limited in its recent advertising and promotion of Combantrin has engaged in conduct that is misleading or deceptive in that it has made statements or representations including the following: (i) That there are only three types of human-infesting gastro-intestinal nematode worms in Australia - i.e. threadworm, roundworm and hookworm - whereas infact, there are at least five such types of worms - l.e. threadworm, roundworm, hookworm, whipworm and Strongyloides stercoralis. (ii) That threadworm, roundworm and hookworm are common in Australia whereas only threadworm is common and roundworm and hookworm. are extremely rare. Pfizer Pty. Limited will forthwith be ceasing and withdrawing any and ail such advertising and promotional material, including a manual entitied "Pfizer Pharmacy Reference Manual", a television advertisement, a number of radio advertisements and a recently released pharmacy/consumer video. Pfizer Pty. Limited requests pharmacists to cease further distribution and use of such promotional material pending its collection by a Pfizer Pty. Limited representative." as well as cause to be published prominently in a national daily newspaper an announcement in the following form:- » "IMPORTANT ANNOUNCEMENT BY PFIZER PTY. LIMITED The Federal Court has ruled that Pfizer Pty. Limited in its recent advertising and promotion of Combantrin has engaged in conduct that is misleading or deceptive in that it has made statements or representations including the following: (i) That there are only three types of human-infesting gastro-intestinal nematode worms in Australia - i.e. threadworm, roundworn and hookworm, ~ whereas in fact, there are at least five such types of worms - i.e. threadworm, roundworm, hookworm, whipworm and Strongyloides stercoralis. (7) (8) (9) (10) (ii) That threadworm, roundworm and hookworm are common in Australia whereas only threadworm is common and roundworm and hookworm are extremely rare." The Respondent pay the Applicant's costs of these proceedings. Liberty to apply on 21 days notice in the event of a change of circumstances. The orders made in paragraphs 5 and 6 hereof be stayed for 14 days from 19th November 1985. The operation of the order made in paragraph 4 hereof be suspended until 19th December, 1985, insofar as any representations set out on the sachet dispensers exhibited to the affidavit of Kenneth James Moran sworn on 16 November, 1985, and filed in these proceedings, and marked with the letters "KJM-1" and ""KIM-2" respectively are concerned. Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.