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Despite Amarin, ITC May Be Right Prescription For Pharma

Law360 (June 4, 2019, 10:48 AM EDT) -- Foreign-made drugs, nutritional supplements and medical devices imported into the United States with false or misleading labeling or designed to look like an established competing product in violation of the Lanham Act could also violate 19 U.S.C. § 1337, and thus may be stopped at the U.S. border by U.S. Customs and Border Protection based on an exclusion order issued by the U.S. International Trade Commission.

False advertising claims in the life sciences sector frequently involve false or misleading statements about a product’s composition, its efficacy for treating a disease, its regulatory approval status, and similarities and differences with respect to...

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