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...
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