Bayer Denied Preliminary Injunction Over J&J Cancer Drug Ads (1)

Bayer failed to persuade a federal judge to grant a preliminary injunction in its lawsuit accusing drugmaker Johnson & Johnson of misleading advertising related to its rival prostate cancer drug.

Both companies offer drugs approved to treat metastatic castration-sensitive prostate cancer. In its marketing materials, J&J cites a study that its drug apalutamide sold under the brand name Erleada results in a 51% reduction in death over two years compared with Bayer’s drug darolutamide, sold under the brand name Nubeqa. Bayer sued J&J in February arguing that claim was misleading and in violation of the Lanham Act.

“The court concludes ...