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Sterling Pharmaceuticals (NZ) Ltd v Boots Co (NZ) Ltd (No 2) - [1991] 2 NZLR 634


High Court Wellington
25, 27 March 1991
Hillyer J
Commercial law — Trade practices — Statement included in packaging of analgesic drug that it was as well tolerated as another analgesic drug — Statement coupled with a reference to effects of drug on stomach — Accompanying leaflet included warnings on the drug's use — Statement included in earlier advertising and literature for professionals and public — No previous objection — Whether statement constituted misleading or deceptive conduct — Responsibilities of those engaged in comparative advertising as to assertions of a scientific nature — Whether interim injunction should be issued in respect of statement — Fair Trading Act 1986, ss 2(2), 9, 10 and 13.

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