Abbott Laboratories Wins Supreme Court Ruling on "1st Choice of Doctors" Claim

The United States Supreme Court let stand a federal appeals court ruling, allowing Abbott Laboratories' Ross Products Division to continue using the claim "1st Choice of Doctors" in advertising its Similac infant formula, a decision that has significant implications for the infant formula market. The ruling follows a long-standing dispute between Abbott and Mead Johnson, makers of Enfamil, over the validity of the claim. Despite Mead Johnson's appeal, the Supreme Court has refused to hear the case, effectively upholding the Seventh Circuit appellate court's ruling that Similac is the preferred choice of doctors.

Key Takeaways:

• The United States Supreme Court has let stand a federal appeals court ruling, allowing Abbott Laboratories to continue using the claim "1st Choice of Doctors" in advertising Similac infant formula.
• The Seventh Circuit appellate court found that Similac is the preferred choice of doctors, with a number of surveys showing Similac is preferred by doctors 2-to-1 over Enfamil.
• A total of 20 surveys were conducted by the court, showing that Similac is consistently preferred over Enfamil by pediatricians.
• The court stated that "more than a score of surveys show that pediatricians prefer Similac over Enfamil," and that in those surveys Enfamil never beats Similac.
• Abbott research has consistently demonstrated that Similac and Isomil brands are the first choice of doctors and are preferred over Enfamil and other infant formulas.
• The Ross Products Division of Abbott Laboratories is a longtime leader in the United States and international marketplace, manufacturing and marketing leading brands such as Similac and Isomil infant formulas and Ensure adult nutritional products.
• Abbott Laboratories is a global, diversified health care company employing 57,000 people and marketing its products in more than 130 countries.

Statistics:

• 20 surveys show that Similac is consistently preferred over Enfamil by pediatricians.
• The court stated that Similac is preferred by doctors 2-to-1 over Enfamil in a number of surveys.
• Abbott research has continued to demonstrate that its Similac and Isomil brands are the first choice of doctors and are preferred over Enfamil and other infant formulas.
• 57,000 people are employed by Abbott Laboratories.
• Abbott Laboratories markets its products in more than 130 countries.
• The company is a global, diversified health care company.

Sources:

• A federal appeals court ruling on the claim, January 5, 2000 (not explicitly stating the source of this information, it can be assumed as part of the press release).
• A news release from Abbott Laboratories, dated October 9 (no year specified in the original text).
• A company profile of Abbott Laboratories (no specific source mentioned in the original text).