Pamlab Can't Bar Virtus' Marketing In Unfair Competition Row

Law360, New York (December 4, 2013, 5:04 PM EST) -- A Florida federal judge on Tuesday denied Nestle Health Science-Pamlab's bid for a preliminary injunction to block Virtus Pharmaceuticals LLC from marketing a generic version of prescription medical foods, saying the suit is based on unfair competition claims and not harm to patients.

Pamlab had asked the court to block Virtus from selling and distributing its prescription products that Virtus claims to contain certain amounts of the ingredient L-Methylfolate, but which Pamlab says only contain about one-half the amounts represented.

The medical foods product company had argued that Virtus deliberately chose to skip industry-standard testing that is always performed to confirm...

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