Partner John E. Villafranco Quoted on Perrigo False Advertising Case
April 9, 2010
Perrigo Company won two favorable jury verdicts against Rexall Sundown, Inc. in an unfair competition lawsuit that was brought in the U.S. Eastern District Court of New York. After three years of litigation, a federal jury found that Perrigo did not violate unfair competition and false advertising laws in its marketing of a generic joint care dietary supplement. The jury did, however, find in favor of Perrigo's counterclaim that Rexall had improperly asserted that its product is ten times more concentrated than that of competitors. Partner John E. Villafranco defended Perrigo and was quoted by The AmLaw Litigation Daily in an article titled “Perrigo Wins Rare Jury Trial in False Advertising Case over Joint Remedy.”

It isn’t unusual for rival companies to snipe over claims on their products’ packaging, but these disputes almost never go to trial. When asked why this case did, Mr. Villafranco said, “Rexall had the leading brand and really wanted to test the point.” He continued, "This is very rare. You need to be absolutely certain that your case is buttoned down.”