May 08, 2019

Venable Successfully Represents Nordic Group Against False Ad Claims

1 min

On May 1, 2019, the Federal Circuit affirmed the U.S. International Trade Commission’s (ITC) decision not to investigate a false advertising complaint that Amarin Pharma Inc. filed against rivals, ruling that the ITC can refuse to probe allegations that do not state a proper claim for relief.

In a 2-1 decision, the court held that Amarin’s claim that Royal DSM, Pharmavite, and Nordic Natural violated Section 337 of the Tariff Act by falsely labeling their imported products as dietary supplements was based on alleged violations of the U.S. Food, Drug and Cosmetic Act, which only the government can enforce, not a private company.

Andrew Pratt represented Nordic.

Law360 covered the story.