If you want to take action against a competitor’s unfair advertising of health products, speed is of the essence. This is because a court injunction can generally only be applied for within 4 to 6 weeks of becoming aware of it. If you wait any longer, there is no urgency. The only option is to bring an action on the merits, which can, however, drag on for one or more years and is therefore often uninteresting.
Before legal action is taken, a warning letter is usually issued, drawing the competitor’s attention to the unfair advertising and requesting them to cease and desist and usually to submit a cease and desist declaration. The competitor is usually given a few days to respond.
It is therefore advisable to decide as quickly as possible whether to take action against a competitor’s advertising. This applies in particular if the unfair claims concern scientific issues that require an evaluation of the underlying studies and possibly the Public Assessment Report of the pharmaceutical product concerned.
Furthermore, you do not necessarily have to take action in your own name. It is also possible to complain to a trade association about the unfair advertising. The trade association may then take its own measures against the competitor without you having to appear.
We support you in checking third-party advertising material, assess the chances of success for you and conduct the warning letter and court proceedings. We will also be happy to inform you about the option of complaining to a trade association rather than taking action in your own name.
