Merck & Cie Wins $11.6M Over Acella's Supplements Marketing

Law360, New York (January 31, 2013, 9:46 PM EST) -- A New York federal judge on Thursday ordered Acella Pharmaceuticals LLC to pay $11.6 million in damages to drugmaker Merck & Cie Schaffhausen, finding that Acella falsely marketed its folate supplements as substitutes for Merck’s brand-name Metafolin, in violation of the Lanham Act.

Switzerland-based Merck & Cie, formerly known as Merck Eprova AG, brought the suit in 2009, alleging that Acella falsely sold its line of folate supplements as generic versions of Metafolin-containing products and informed national pharmaceutical databases that the generics were equivalent to the...
To view the full article, register now.




Case Information

Case Title

Merck Eprova AG v. Brookstone Pharmaceuticals, LLC

Case Number



New York Southern

Nature of Suit

Other Statutory Actions


Richard J. Sullivan

Date Filed

November 19, 2009

Law Firms


Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.