Kramer Levin's recent false advertising victory for Bracco Diagnostics Inc. was the subject of an article appearing on HealthLaw360.com. On March 27, the U.S. District Court in Trenton, New Jersey ruled in favor of Bracco and against GE Healthcare in one of the most significant false advertising cases to date. The Court ruled that GE Healthcare and its predecessor companies, including Amersham, engaged in a false and misleading advertising and promotional campaign in an attempt to make false claims that its x-ray contrast agent Visipaque™ was superior to Bracco’s market-leading x-ray contrast agent Isovue®. GE Healthcare was permanently enjoined from making further false claims, and ordered to implement corrective actions and pay Bracco $11.4 million in damages.
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The Kramer Levin team was led by partner Donald L. Rhoads. The team also included partner Nicholas L. Coch; associates Matthew Abbott, Henry Cittone, Geoff G. Hu and Benu Mehra.