Omega-3 Firms Parse Amarin's Fair Trade Complaint Into Tariff Act Questions
Attorneys for DSM, Pharmavite and Nordic Naturals pose two questions they say the Supreme Court is being asked in Amarin's request for a fair trade investigation. One is whether under Tariff Act, Federal Circuit lacks jurisdiction to review an ITC decision not to investigate? The second concerns an attempt for private enforcement of FDA regulations framed as a complaint to force an investigation under the Tariff Act.
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Sabinsa provided FDA and FTC with documentation of “an ingredient falsely marketed and sold as vitamin C derived from amla fruit (Emblica officinalis), which two independent labs have confirmed is actually derived from corn, sugarcane or other plants.”
The court included its decision on Amarin’s ’s petition for a writ of certiorari among the single-line denials of nearly 200 appeals to consider decisions in civil litigation and convictions in criminal cases. However, Amarin still eyes curbing competition from omega-3 supplements.
As Amarin did in complaint to ITC for a fair trade investigation and appeal to Federal Circuit. it framed its petition for a writ of certiorari to Supreme Court as a compliant pharma firm that invested in research for approval of a drug asking federal agencies to enforce laws to stem competition from products it claims are labeled as supplements but should be deemed unapproved drugs.