Similac "1st Choice" claim
This article was originally published in The Tan Sheet
Executive Summary
Chicago appeals court denies Mead Johnson's request for full court review of a three-judge panel's Jan. 5 opinion overturning a preliminary injunction restricting Abbott Labs' use of the "1st Choice of Doctors" claim for Similac infant formula. The court's April 12 ruling leaves intact the panel's conclusion that Mead's consumer survey evidence was inadequate to demonstrate Abbott's claim was false (1"The Tan Sheet" Jan. 17, p. 4). The appeals court also denies Abbott's request to direct the lower court to increase a $1 mil. bond posted by Mead. Abbott says it plans to start using the claim again on product packaging and promotional materials "in the near future"
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