June 01, 2006
Federal Court preliminarily finds information used with veterinarians and horse owners was "literally false" and that Fort Dodge engaged in false advertising in violation of federal law
Duluth, Ga. — A federal court has signed a preliminary injunction ordering Fort Dodge Animal Health to stop using an advertising campaign that falsely claimed its product was proven to be "superior" to Merial's RECOMBITEK®, the world's only recombinant technology West Nile Virus (WNV) vaccine for horses. The order applies while Merial's false advertising lawsuit is pending. After reviewing the evidence submitted by both Merial and Fort Dodge, the federal court found that Fort Dodge's claims that its product is more effective than RECOMBITEK® in advertisements, on its Web site, and in other promotional materials, as well as statements made by a Fort Dodge Animal Health representative at a veterinary conference, were "literally false."
In the order, the federal court found that no study has proven or concluded that the Fort Dodge Animal Health vaccine is more effective than Merial's RECOMBITEK WNV vaccine. The improper advertisements showed a bar graph comparing two separate studies which utilized different challenge models and involved different biological and environmental factors. Although federal agency officials had informed Fort Dodge last summer that comparing these two studies was considered false and misleading, Fort Dodge Animal Health's false information continued to be used in the market. In addition, the federal court stated that there was no statistical difference in efficacy rates presented on the bar graph and that the comparison was "literally false on its face."
"We're pleased that the court found the Fort Dodge Animal Health advertisements and promotional material to be exactly what they are, false and misleading unsupported by scientific data," said Duane Maye, DVM, Director of Equine Marketing at Merial. "Truthful, substantiated communication about your products is essential to earn the trust of veterinarians and consumers. Veterinarians and horse owners deserve reliable product information to make sound decisions regarding the medications they choose for their clients and their horses. Merial is committed to accurately informing vets and pet owners about its products and to actively defending its brands against unsubstantiated, unscientific and inaccurate claims."
Click here for a copy of the court's order.
®RECOMBITEK is a registered trademark of Merial.
©2006 Merial Limited, Duluth, GA. All rights reserved.
For further information please contact:
Kelle Straw
678-638-3690
kelle.straw@merial.com
About Merial
Merial is a world-leading, innovation-driven animal health company, providing a comprehensive range of products to enhance the health, well-being and performance of a wide range of animals. Merial employs approximately 5,000 people and operates in more than 150 countries worldwide. Its 2005 sales were in excess of $1.9 billion. Merial Limited is a joint venture between Merck & Co., Inc. and sanofi-aventis. For more information, please see www.merial.com.
