Pennsylvania Record

Wednesday, December 11, 2019

GlaxoSmithKline claims competitor is using false marketing to promote inhaler

Federal Court

By Marian Johns | Nov 26, 2019

Inhalers

PHILADELPHIA – GlaxoSmithKline (GSK) has filed a lawsuit against a competitor, claiming false and misleading marketing of an inhaler to treat chronic obstructive pulmonary disease.

GlaxoSmithKline LLC (GSK) filed a complaint Nov. 12 in the U.S. District Court for the Eastern District of Pennsylvania against Boehringer Ingelheim Pharmaceuticals Inc., alleging violation of the Lanham Act and unfair competition. 

GSK alleges that Boehringer's marketing, including its brochures, to promote its inhaler contain false and misleading statements about its RESPIMAT inhaler as well as about GSK's two competing inhalers, DISKUS and ELLIPTA. 

"While BI was willing to modify some aspects of its marketing campaign, it has refused to revise or withdraw its core, false message: that many COPD patients will not receive adequate therapeutic benefit from GSK's ELLIPTA and DISKUS products," the suit states.

GSK seeks to preliminarily and permanently enjoining the defendant from disseminating any marketing materials, a trial by jury and other just relief. It is represented by Stephen Kastenberg, Paul Lantieri III, Matthew Vahey and Emilia McKee Vassallo of Ballard Spahr LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-05321

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