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Supreme Court Upholds Abbott Ruling

Abbott Laboratories, Abbott Park, IL, may continue to use the claim “first choice of doctors” in marketing and advertising material for its Similac baby formula after the Supreme Court let stand without comment a federal appeals court ruling regarding a challenge to the claim.

The Supreme Court's decision upholds a January ruling against Mead Johnson, Evansville, IN, a division of Bristol-Myers Squibb. Mead Johnson sued in an effort to prevent Abbott Laboratories from using the claim. Mead Johnson produces Enfamil, a product that competes with Similac.

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