Scientific Findings Can't Yield False Ad Claims, 2nd Circ. Says

By Melissa Lipman (June 26, 2013, 6:32 PM EDT) -- The Second Circuit ruled Wednesday that scientific conclusions voiced during debate of unsettled questions can't generate false advertising or deceptive business practices claims, rejecting ONY Inc.'s claims against a rival biopharmaceutical company.

A three-judge panel upheld the dismissal of ONY's case accusing rival Chiesi Farmaceutici SpA, several scientists and a scientific journal of violating the Lanham Act's ban on false advertising and New York state law by publishing and redistributing a study arguing that Chiesi's lung surfactant product was more effective than ONY's.

The judges concluded that the scientific hypotheses and findings presented in the paper were more akin to opinion,...

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