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# Court Rejects Some Boehringer Ad Claims
- URL: https://www.fdaweb.com/court-rejects-some-boehringer-ad-claims/
- Published: 2020-09-09T12:00:00.000Z
- Updated: 2026-09-14T16:28:11.000Z
- Author: David McFarland
- Tags: Drugs, FDA Policy/General, #legacy-id-D5147614

A Pennsylvania federal court has ordered Boehringer Ingelheim (BI) to stop using some advertising claims for its COPD inhalers as requested in a suit brought by GlaxoSmithKline under the Lanham Act’s prohibition on false advertising and Pennsylvania common law. The court granted in part and denied in part Glaxo’s request for a temporary injunction.

In the [ruling](https://www.paed.uscourts.gov/documents/opinions/20D0438P.pdf?ref=fdaweb.com), the court ordered BI to stop using the following messages in promotional, training, and/or educational materials and to stop creating the false or misleading impression that the messages are true: 

- peak inspiratory flow (PIF) has any effect on the efficacy of drugs used to treat COPD;
- the deposition of a therapeutic or adequate dose of medication in the lungs is dependent upon the peak inspiratory flow rate of the patient;
- a meaningful number of patients are unable to activate dry powder inhalers; and
- dry powder inhalers are “suboptimal inhalers.”

BI was told to stop using its Current Visual Aid and Respiratory Learning System training document due to their use of the prohibited claims to promote the company’s inhalers.

The court told BI to add a disclaimer to its promotional materials for COPD drugs that reference PIF to make clear that a relationship between PIF and the efficacy of COPD medications has not been established. It also is to retrain sales reps to ensure that they no longer use any of the prohibited claims.