On Tuesday, March 19, 2002, Novartis Animal Health US, Inc. filed a lawsuit against PetMed Express Inc., Drs. Fosters & Smith, Inc., and Savemax, Inc. for violating numerous laws such as trademark infringement and false advertising. The suits filed against these online retailers of pet-care products face charges for unlawful sale of foreign versions of pet medicines sold under the INTERCEPTORâ (milbemycin oxime) FLAVOR TABSâ and SENTINELâ (lufenuron/milemycin oxime) brands.
The CEO of Novartis Animal Health US, Jim Guidone, stated, “We felt compelled to take legal action in order to protect the integrity of our products.” Mr. Guidone added, “The unlawful actions of PetMed Express, Savemax, and Drs. Fosters & Smith undermine the expertise and authority of veterinarians. They are also likely to confuse our customers and may cause them to give their pets incorrect doses of these important medicines.”
According to the complaint filed with the United States District Court for the Southern District of Florida, Novartis Animal Health US alleges that PetMed Express and the other defendants are illegally selling pet medications in the United States that were made specifically for the Australian and other foreign markets. The foreign medicines are not approved by the U.S. Federal Drug Administration (FDA) for sale in the United States. The formulation, to name one example, of the products and instructions for use are materially different from Novartis Animal Health US. Any sale of foreign medication in the United States is a direct violation of the drug laws in the U.S.
Novartis Animal Health US, which dispenses its products only where there is a valid veterinarian-client relationship, believes that pet owners are confusing the foreign medications sold by the defendants with the FDA-approved products sold by Novartis Animal Health US and its legally authorized distributors in the United States.
Additionally, although the products have very similar packaging, the foreign medications do not indicate that they must be prescribed by a veterinarian, do not have valid poison control numbers, and lack information on how consumers can contact Novartis Animal Health US with questions or concerns. They are also missing many of the statements required by FDA rules and regulations for pet medicines sold in the U.S.
Mr. Guidone stressed, “We believe that this lawsuit against PetMed Express is in the best interest of both veterinarians and pet owners across America, as well as the companion animals we strive to protect. We are looking forward to a swift and fair resolution to this matter.”
