Ethicon Endo-Surgery not to make certain advertising claims concerning trocar products

www.appliedmedical.comMay 29 2010

Applied Medical announced today that it has secured a settlement prohibiting a Johnson & Johnson company, Ethicon Endo-Surgery, from making certain advertising claims concerning trocar products.

“Applied believes the lawsuit and settlement will enable clinicians to rely on peer-reviewed scientific research, and avoid the confusion generated by unsubstantiated advertising claims”

In May 2009, Applied Medical filed a lawsuit against Ethicon Endo-Surgery in the United States District Court for the Central District of California. The lawsuit charged that Ethicon Endo-Surgery engaged in false advertising of its Xcel bladeless trocar products, and used those false advertising claims to interfere with customers' evaluations of Applied Medical's trocars. In March 2010, the court narrowed the scope of certain false advertising claims at issue based solely on the timing of their assertion, not their validity. As a result, Ethicon Endo-Surgery avoided defending the validity of those alleged false statements in court.

Pursuant to the settlement agreement, Ethicon Endo-Surgery agreed that it will not advertise or publicly claim in any way any of the following remaining claims concerning the attributes of certain of its Xcel trocars in comparison with Applied Medical's bladeless trocars:

• Endopath Xcel Bladeless trocars require no fascial closure;
• Use of Endopath Xcel Bladeless trocars results in a reduction in port site herniation;
• Endopath Xcel Bladeless trocars create a smaller fascial defect size.

Ethicon Endo-Surgery also agreed that it will not advertise or publicly make any of the following statements or representations regarding Applied Medical trocars:

• Applied Medical trocars cause skin necrosis at the puncture site;
• Applied Medical trocars cause increased patient complaints of port site pain or port site trauma;
• Applied Medical trocars cause an increased likelihood of injury to organs.

"Applied believes the lawsuit and settlement will enable clinicians to rely on peer-reviewed scientific research, and avoid the confusion generated by unsubstantiated advertising claims," said Applied Medical's Surgical Group President, Gary Johnson.

SOURCE Applied Medical