Perrigo wins unfair competition case
ALLEGAN, Mich. Perrigo announced Thursday that it won two favorable jury verdicts against Rexall Sundown in an unfair competition lawsuit that was brought in the U.S. Eastern District Court of New York.
The jury unanimously found that Perrigo’s statement, used on wholesalers’ and retailers’ store brand packaging for joint care products containing glucosamine and chondroitin, inviting consumers to compare the products with Rexall Sundown’s Osteo Bi-Flex, is not false and misleading and does not violate Section 43 of the Lanham Act.
In addition, the jury ruled in Perrigo’s favor on its false advertising counterclaim against Rexall Sundown under Section 43 of the Lanham Act based on a statement used by Rexall Sundown on packaging from 2006 to 2008. The jury determined that the Rexall Sundown statement was false and misleading and awarded Perrigo damages.
Perrigo’s chairman and CEO Joseph Papa stated, “This verdict is an important victory for store brands, U.S. retailers and consumers. The jury verdict confirms that statements on our wholesalers’ and retailers’ packaging, inviting consumers to compare store brand products to the higher priced national brand products are fair and legal. This kind of statement helps consumers to identify store brand products they want and helps them save as they choose the affordable, high-quality store brand option. We are gratified with this victory as another accomplishment in making quality healthcare more affordable to the U.S. consumer.”
Jamark adds new product to Surgeon’s Skin Secret line
GRAND RAPIDS Jamark Labs recently announced the latest addition to its family of outdoor product under the Surgeon’s Skin Secret banner — Quret, a salve to treat minor cuts and irritations, including skin cracks and sunburn, and to soften cuticles.
Other products included as part of the Surgeon’s Skin Secret lineup include beeswax moisturizer, lip conditioner, lip balm, beeswax cream, beeswax lotion and hand sanitizer. The products, which contain more beeswax than most competitor offerings, come unscented or scented and are available from pocket size to family economy containers.
FDA makes assessment documents of BPA available to public
BETHESDA, Md. The Food and Drug Administration has made five documents related to FDA’s continuing assessment of Bisphenol A (BPA) available to the public and is soliciting public comments on the four documents prepared by FDA’s Center for Food Safety and Applied Nutrition, the agency announced in the Monday issue of the Federal Register.
According to the agency, the documents provide perspectives and opinions that are being considered by FDA as it continues its safety assessment of BPA.
As background, the FDA noted that BPA is a chemical used in certain food contact materials that was approved by FDA under its food additive regulations in the early 1960s. In recent years, questions have been raised about BPA’s safety — prompting many manufacturers, especially of baby products, to advertise “BPA-free” as a point of differentiation.