R v Roussel Laboratories

(1994) 5 Med LR 400

CRIMINAL DIVISION

Lord Justice WATKINS, Mr Justice HOLLINGS, and Mr Justice Peter PAIN

Medicinal product — False and misleading advertisement — Surgam — Advertisement that Surgam operated by selective prostaglandin inhibition (SPI) — Manufacturer convicted of issuing false and misleading advertisement relating to medicinal product under Medicines Act 1968 section 93 — Officer convicted of consenting and conniving — Whether judge failed to direct jury that “quality” meant commercial quality or grade and wrongly directed jury that “quality” could mean its character, characteristics or an attribute -Whether section 93 based on Food and Drugs Act — Whether it was for jury to decide whether SPI was an effect