P&G WILL TAKE ITS CASE TO COURT
By Adnews Staff
Procter & Gamble of Toronto has decided to take Novopharm Ltd. of Toronto all the way to court, public affairs manager Rob Fichtner told Adnews this week. Earlier this month, the Federal Court of Canada overturned an interlocutory injunction application by P&G to prevent Novopharm from selling, advertising, promoting and distributing its generic Novo-5-ASA tablets in the same size, shape and color as P&G's brand name product, Asacol. Both are used in the treatment of ulcerative colitis. After the injunction was turned down, P&G had the option to take the case to trial, appeal the decision or drop the case. Ninety per cent of Canadian pharmacists believe generic drugs should look similar to their brand name equivalents, according to a survey by the Canadian Drug Manufacturers Association. Eighty-six per cent also said their patients would prefer generic drugs to have a similar size, shape and color. The issue of generic products being physically similar to brand name products was thrown into the legal spotlight in April when Eli Lilly Canada of Toronto was granted an injunction against Novopharm and other generic manufacturers forcing generic versions of Lily's green and buff-colored antidepressant, Prozac, to adopt a different color. A trial is set for November.