false advertising claim based on alleged misbranding of drug as supplement fails

Amarin Pharma, Inc. v. Int’l Trade Comm’n, Nos. 2018-1247, 2018-114, 2019 WL 1925649, — F.3d – (Fed. Cir. May 1, 2019)The court of appeals upheld the ITC’s decision not to institute an investigation into Amarin’s complaint of an unfair method of competition or unfair act under 19 U.S.C. § 1337(a)(1)(A). Amarin sells Vascepa, a prescription drug that consists of the omega-3 acid commonly known as “EPA,” synthetically produced from fish oil. Vascepa is the only purified ethyl ester E-EPA product sold in the United States as an FDA-approved drug (for reducing triglyceride levels in adults with severe hypertriglyceridemia).Amarin filed a complaint alleging violations under § 337 of the Tariff Act of 1930, as amended. Specifically, certain companies were allegedly falsely labeling and deceptively advertising their imported synthetically produced omega-3 products as (or for use in) “dietary supplements,” where the…

Read more detail on Recent Advertising Law posts –

This entry was posted in Advertising Law and tagged , , , , . Bookmark the permalink.

Leave a Reply