Brookstone Beats 'Generic' Acne Gel False Ad Suit In 11th Circ.

Law360, New York (August 19, 2013, 10:01 PM EDT) -- The Eleventh Circuit on Monday found that Stiefel Laboratories Inc. didn't provide enough evidence to support its claims that rival company Brookstone Pharmaceuticals LLC falsely or misleadingly advertised its acne gel as a generic equivalent to a similar product sold by Stiefel.

Upholding a Georgia federal judge's summary judgment favoring Brookstone, the appellate court ruled that Stiefel didn't sufficiently show that the term “generic” means the same in the context of unregulated drugs as it does with regulated drugs.

Stiefel claimed that Brookstone's BPO Gel isn't...
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