Healthcare and Life Sciences Law Committee - discussion forum

Through this discussion forum, members can share information on the latest developments in this area of law.
*A 'thread' groups together individual 'posts' on a topic. Click 'New Thread' to begin a discussion on a new topic.
*To read more of an existing thread, click on the title. Then, to contribute to the thread, select 'New Post'.
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 H.J. Heinz fined $2.25m for selling kids snack food with too much sugar

The Federal Court of Australia has found that H.J. Heinz misled the public by giving the impression that its Shredz snack food was healthy and nutritious for children.
Each stick of Shreds kids snack food ('jubes' made from highly concentrated fruit juice) contained two thirds sugar. This was likely to result in the recommended daily intake of sugar for 1 to 3 year old children (its target market) being exceeded.
The Court linked the high level of sugar to obesity and dental caries.
The Federal Court imposed a fine of $2.25 million and ordered H.J. Heinz to implement a Consumer


Posted On: Wednesday, 29th August 2018 2:47AM By: Anthony Cordato (AC)

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 Rome session: family/culture/doctors in conflict

We have a sectional session in Rome for the first time. This is a session involving our committee, Family law and Indigenous Peoples. The topic is a discussion of how doctors try to accommodate the family's views and the traditions of their culture or not when treating a child or vulnerable adult. We are looking for examples from around the world. For example we have just had a case in the UK involving a little boy with a terminable illness in which both the Pope and a Christian legal group became involved when the parents and doctors disagreed on how

Last Post: Tuesday, 5th June 2018 9:30AM By: P Barclay

Posted On: Thursday, 3rd May 2018 8:26PM By: Patricia Barclay (PB)

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 Too much sugar makes Heinz snack food unhealthy for little children

The Federal Court of Australia has linked sugar in food with weight gain and dental caries in a landmark decision that a Heinz snack food was not beneficial to children’s health because it had high levels of sugar.
The key finding was that the packaging of the Shredz fruit & veg products conveyed the impression that the products were beneficial to the health of children aged 1-3 years, which was misleading because they contained approximately two-thirds sugar (by weight).
For more details, click on the hyperlink for my case note


Posted On: Saturday, 7th April 2018 3:05AM By: Anthony Cordato (AC)

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 Is Nurofen better than Panadol a true fact or is it just misleading marketing?

I would like to share with you my article, published today which reports upon an Australian Federal Court Decision in which GSK the maker of Panadol accused Reckitt the maker of Nurofen of misleading advertising when it advertised that NUROFEN IS BETTER THAN PARACETAMOL for common headaches.
Reckitt relied upon a 1996 clinical study which supported this statement, but failed in its defence because according to Cochrane in 2015 'no claim of superiority could justifiably be made by ibuprofen over paracetamol in the present state of scientific knowledge'.


Posted On: Monday, 15th January 2018 11:09PM By: Anthony Cordato (AC)

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 GSK & Novartis accused of breaching Australian Consumer Law by mislabelling Voltaren Gel products

I would like to share with you my article, published today in Lexology, which gives an account of legal proceedings that the Australian Consumer Regulator has commenced against GSK and Novartis for mislabelling Voltaren Osteo Gel to charge a premium price.
It provides a fascinating insight into what pharmaceutical companies should and should not do in labelling different versions of the same branded products and charging a price premium for what is presented as a more effective version.


Posted On: Friday, 15th December 2017 3:20AM By: Anthony Cordato (AC)

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 Topics for Rome

Dear Friends

It was wonderful to meet so many colleagues in Sydney and I look forward to seeing many more of you in Rome next year. Thank you to everyone who sent in ideas for topics for Rome we had a really wide range of ideas. Although we could in the end only choose two we have chosen a couple of topics that seemed to take in themes from several other suggestions and will also make use of some of the other ideas in our standalone conference which in planned for June in Copenhagen on transactions in the healthcare and

Posted On: Saturday, 28th October 2017 2:17PM By: Patricia Barclay (PB)

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 Building a Health App

I thought the committee members would be interested in a series of blogs from my colleagues at Mintz Levin on building a health care app. Six of the seven blogs have appeared so far and may be accessed from the link I have included below. The 7th should be available next week and I will post that as well.
Stephen M. Weiner, Chair, Mintz Levin National Health Law Practice, Senior Vice Chair, IBA Healthcare and Life Sciences Committee


Posted On: Wednesday, 25th October 2017 10:30PM By: Stephen Weiner (SW)

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 Now planning for Rome

Although the annual meeting in Sydney has yet to start we need to start thinking about Rome 2018!

We must provide the IBA with our ideas for our Rome sessions by Wednesday 11th October. We will have two 75 minute sessions in Rome and I would like to hear your suggestions for topics. Please either add your ideas to this discussion thread or email me on We will discuss all the suggestions at our breakfast meeting in Sydney on Monday 9th. If you are joining us in Sydney please make sure you have booked a place at this important

Posted On: Sunday, 1st October 2017 10:11PM By: Patricia Barclay (PB)

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 Committee Events in Sydney

Dear Friends

I am looking forward very much to seeing many of you in Sydney next month for the annual meeting.

I wanted to draw your attention to two very important events - both on Monday 9th October.

Firstly we will be having a committee breakfast to share ideas for the coming year and of course to enjoy each other's company. This is free to attend but you must book in advance as it is ticketed but private to our committee so will not appear in the programme. It is being held at 0800. C3.1, Level 3, Convention Centre side,

Posted On: Sunday, 17th September 2017 2:02PM By: Patricia Barclay (PB)

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 Call for contribution to a coming publication in the form of an article

Dear colleagues,

In anticipation of the coming Annual IBA meeting in Sydney on 8-13 October 2017, the IBA Life Sciences Committee plans to issue a series of articles on the following topics:

1. Open health data: access to and use of health data by public authorities and private undertakings ;
2. Early access to medicines. How patients may be treated, in each country, prior to a drug being approved in the EU or after the EU has approved it but for as long as local price and reimbursement procedures are not completed;
3. On-line sales of drugs (or telemedicine). Conditions under which these

Posted On: Wednesday, 3rd May 2017 3:46PM By: Cecile Theard-Jallu (CT)

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