Sanofi has won a legal challenge against Novo Nordisk in the Danish Maritime and Commercial High Court. The ruling relates to information issued to the media on September 15, 2017, by Novo Nordisk around its DEVOTE 3 study.
The court upheld Sanofi’s assertion that Novo Nordisk’s description of the study in the announcement was ‘misleading in its form and structure and must be deemed to constitute advertising of Tresiba® ‘.
As such, the court found that Novo Nordisk had acted in violation of good marketing practice of the Danish Marketing Practices Act and in violation of the Danish Pharmaceuticals Act.
Novo Nordisk was prohibited from further publishing this information or sending it to the healthcare professionals or the public.
Novo Nordisk has declared that they are not currently using the press release in this way and will not use it in future. The company was also ordered to pay Sanofi’s legal costs relating to the action.
Additionally, Sanofi has received information that another complaint case against Novo Nordisk has been won at the pharmaceutical industry’s self-regulatory body ENLI. This case also regards Novo Nordisk’s advertising material for Tresiba, which was found to be in violation of the rules on pharmaceutical advertising.
Novo Nordisk is ordered to stop using the material and is fined DKK 40,000 + VAT.
Rasmus Schädler Villemoes, General Manager of Sanofi’s diabetes division in Denmark, said: “We are pleased with the Danish Maritime and Commercial High Court’s decision to prohibit further use of this document by Novo Nordisk. We can only hope that Novo Nordisk will stop using misleading advertising for Tresiba.”