Skip to main content

Mead Johnson & Company v. Abbott Laboratories

7th CircuitJanuary 5, 2000No. 99-2215Cited 71 times
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Judge(s)
Bauer, Easterbrook, Kanne
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Seventh Circuit Court of Appeals reversed the district court's preliminary injunction against Abbott's 'Ist Choice of Doctors' claim on Similac packaging, finding that 'first' is an ordinal term denoting rank rather than requiring majority support, and remanded for reconsideration of the laches defense and potential change in survey data.

What This Ruling Means

This case involved a dispute between two major baby formula companies, Mead Johnson and Abbott Laboratories, over advertising claims. Mead Johnson sued Abbott because Abbott was using "#1 Choice of Doctors" on its Similac baby formula packaging. Mead Johnson argued this claim was misleading and violated employment-related advertising laws. The Court of Appeals ruled in Abbott's favor on the main issue. The court found that when Abbott claimed their formula was the "#1 Choice of Doctors," the word "first" simply meant it ranked highest among doctors' preferences - it didn't need to mean that a majority of doctors preferred it. The court reversed a lower court's order that would have stopped Abbott from using this advertising claim. However, the court sent the case back to the lower court to reconsider other legal issues and review any new survey data. For workers, this case shows how courts interpret advertising claims in competitive industries. It demonstrates that companies have some flexibility in how they present ranking information in their marketing, as long as the claims aren't completely false. Workers in advertising, marketing, or competitive industries should understand that legal disputes over promotional claims can be complex and fact-specific.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.