AUTH/2329/7/10: Astellas Pharma v Genus — Eczmol journal advertisement (Clause 9.4 imitation) — No breach | PMCPA Case

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Key facts

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Case number	AUTH/2329/7/10
Parties	Astellas Pharma Europe Ltd v Genus Pharmaceuticals Ltd
Material	Journal advertisement for Eczmol (ref ECZ0110659)
Product(s)	Eczmol (chlorhexidine gluconate cream); Locoid (hydrocortisone-17-butyrate)
Main allegation	Imitation of devices/copy/slogan/layout likely to mislead or confuse (interchangeability risk)
Clause(s) cited	Clause 9.4
Applicable Code year	2008
Complaint received	02 July 2010
Case completed	09 August 2010
Appeal	No appeal
Decision	No breach of the Code (No breach of Clause 9.4)

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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Astellas complained about a Genus journal advertisement for Eczmol (chlorhexidine gluconate cream), an antimicrobial emollient/soap substitute for dry and pruritic skin conditions including eczema and dermatitis.
Astellas marketed Locoid (hydrocortisone-17-butyrate), a topical corticosteroid for steroid responsive conditions such as eczema, dermatitis and psoriasis.
Astellas alleged the Eczmol ad imitated Locoid ads in overall copy, tagline and layout, including: a gentle animal with a shadow of a strong animal; the strapline “Gentle yet strong” (said to invert “Strong but gentle”); two-tone purple background; and similar positioning of elements.
Astellas argued the same audience would see both ads and could be misled into thinking the products were interchangeable, with potential public health consequences.
Genus denied imitation, stating its concept was developed independently (September–October 2009) and was conceptually/visually different; it also argued the products were in different therapeutic classes and confusion was unlikely among health professionals.

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