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Advertising on health products – cease and desist letter received

You received a letter of cease and desist addressing your pharmaceutical/medical product advertising. You are wondering what your chances of defence are and what you may have to do to implement a cease and desist obligation.

After receiving a c & d letter, an assessment of the prospects of defence in relation to all aspects of the c & d letter should be made as quickly as possible and a defence strategy determined. In doing so, the special features of the law on the advertising of health products compared to the UWG (unfair competition law) should be taken into account. In addition, it may be necessary to clarify whether a cease-and-desist declaration should be issued or whether a legal dispute should be accepted. Even if issuing a cease-and-desist declaration initially appears to be a quick and favourable means of settling a dispute, it may be advisable to accept a judicial review of the advertising measure in view of the differences between a cease-and-desist declaration and a court order.

We support you in examining the prospects of defence, selecting the best defence strategy and, if necessary, in implementing the obligations to cease and desist that you must fulfil on the basis of a cease and desist declaration or a court order.