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ARTICLE · 31 JANUARY 2023

Your Audience Matters

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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A recent Decision from NAD serves as an excellent reminder that, in advertising law, it's not just important what you say, but to whom you say it. Notwithstanding the fact that the "reasonable person"...

United StatesMedia, Telecoms, IT, Entertainment

A recent Decision from NAD serves as an excellent reminder that, in advertising law, it's not just important what you say, but to whom you say it. Notwithstanding the fact that the "reasonable person" standard is the basis for evaluating an advertising claim – i.e., what does the claim communicate to the reasonable person – who that "reasonable person" is matters a lot. That doesn't just mean that if you're targeting children, the "reasonable person" is a kid. It also can mean, as in this case, a patient versus a doctor.

This issue was at the heart of a dispute between Eli Lilly, as challenger, and Novartis Pharmaceutical, the advertiser. At issue were both physician and patient-directed advertising for Novartis' breast cancer treatment drug, Kisqali, in which Novartis touted the results of a recent clinical trial and survival data. The challenger argued that the survival benefit claims in the advertiser's materials went beyond merely reporting the results of its

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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