Amarin Pharma, Inc. sued Coromega Health Inc. for unfair competition and false advertising in the U.S.District Court, Southern District of California. Case 3:18-cv-02481-CAB-MSB was filed October 29, 2018, and centers around allegations of Coromega falsely advertising its fish oil supplement products as equivalent to Amarin Pharma Inc.’s prescription drug Vascepa.
On November 10, 2018, Amarin Corporation announced that primary results from the Vascepa® cardiovascular outcomes trial REDUCE-IT™ confirmed a 25% relative risk reduction for the topline primary endpoint result with “multiple demonstrations of efficacy, including 20% reduction in cardiovascular death.” The results were presented at the 2018 Scientific Sessions of the American Heart Association in Chicago, IL. Amarin’s complaint alleges that Coromega has violated the Lanham Act by using “false or misleading descriptions of fact” and “false or misleading representations of fact” in its commercial advertising or promotion that “misrepresent the nature, characteristics, [or] qualities” of its products…
Amarin brings this action to stop Coromega from engaging in false and misleading advertising by promoting its omega-3 products, which are marketed as dietary supplements, as reducing the risk of cardiovascular disease and as being comparable to, or substitutes for, Amarin’s Food and Drug Administration (FDA)-approved prescription drug, Vascepa® (icosapent ethyl). Among other things, Coromega falsely and deceptively advertises that its omega-3 “dietary supplements” are effective in treating or preventing cardiovascular disease and that they confer the same disease-related benefits as Amarin’s Vascepa®.
Among other things, Coromega has made false and misleading claims that the REDUCE-IT (Vascepa® cardiovascular outcomes trial) results support the efficacy of its omega-3 “dietary supplements” in reducing cardiovascular disease in the general population when that is not true. The REDUCE-IT results are limited to Vascepa, and they cannot be extrapolated to omega-3 products like Coromega’s that are materially different based on, for example, composition, dosage, and regulatory status.
On 1/4/19, Judge Cathy Ann Bencivengo approved a stipulation to extend the time for Coromega to respond to the 10/20/18 complaint. Meanwhile, Amarin’s 1/4/19 press release states they have increased their U.S. sales force from 150 in 2018 to 400 in 2019 “following unprecedented positive results of the Vascepa Cardiovascular Outcomes Study presented in November 2018.”
Unfair competition experts are indispensable in cases such as Amarin v. Coromega not only because of the millions of dollars of potential profit involved but, in addition, litigation in the field of pharmaceuticals is complex. These experts provide valuable insight in cases involving the competitive aspects of business customs and practices. Unfair competition experts can explain federal statues such as the Lanham Act to the courtroom as well as applicable state codes. Contact ForensisGroup to locate an unfair competition expert witness who fits the fact pattern in your case.