ITC Asks for Comment on Possible General Exclusion Order on Certain Diabetes Drugs
Comments are due to the International Trade Commission by Nov. 2 in a potential Section 337 investigation on unapproved imported drugs containing tirzepatide, the ITC said in a Federal Register notice.
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Complainant Eli Lilly asked for a general exclusion order against infringing or unfairly traded products containing tirzepatide. In its Oct. 19 complaint, Lilly alleged 11 proposed respondents committed "willful and deliberate" trademark infringement and false advertising by passing off imported drugs as Lilly's Mounjaro product.
Lilly said it invented tirzepatide and the FDA has approved Mounjaro for the treatment of adults with Type 2 diabetes. Lilly and its related companies sell the drug in the U.S. but alleged that trademark infringement violations by the named respondents have caused confusion due to deliberate deception.
In the alternative, Lilly asked the ITC for a limited exclusion order targeted at products from the named respondents, and cease and desist orders.
The proposed respondents are Unewlife, Super Human Store, Audrey Beauty, Mew Mews, Steroide Kaufen, Triggered Supplements (d/b/a The Triggered Brand), Strate Labs, Xiamen Austronext Trading (d/b/a AustroPeptide), Supopeptide, Biolabshop and Arctic Peptides.