Abbott v Zoetis Australia Pty Ltd [2022] FCA 1390

Federal Court of Australia Abbott v Zoetis Australia Pty Ltd [2022] FCA 1390 File number(s): NSD 406 of 2018

Judgment of: RARES J

Date of judgment: 23 November 2022

Catchwords: CONSUMER LAW – whether manufacturer engaged in misleading or deceptive conduct in contravention of s 18 of Australian Consumer Law in promotion of equine Hendra virus vaccine – whether manufacturer's publications conveyed representations as to the necessity for, or side effects of, vaccination – whether representor had reasonable grounds for making alleged representations as to future matters in compliance with s 4(1) of ACL EVIDENCE – proof on balance of probabilities under s 140(2) of Evidence Act 1995 (Cth) of causation of adverse reaction from administration of vaccine – whether sufficient for applicant to prove clinical sign is side effect caused by vaccine if its contemporaneous presentation is biologically plausible – proof of causation as matter of fact – degree of satisfaction on balance of probabilities CONSUMER LAW – whether manufacturer of equine vaccine contravened consumer guarantee of acceptable quality under s 54(1) and (2) of Australian Consumer Law – whether vaccine was of acceptable quality – where vaccine did not cause serious side effects – whether vaccine supplied to consumers – where manufacturer supplied to veterinarians for resupply to horse owner – held: application dismissed

Legislation: Agricultural and Veterinary Chemicals Code Act 1994 (Cth) Sch 1 (Agricultural and Veterinary Chemicals Code) ss 20(2), 112(1) Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 4(1), 18(1), 54(1), (2), 236 Evidence Act 1995 (Cth) ss 69, 136, 140(2) Federal Court of Australia Act 1976 (Cth) Pt IVA