Supreme Court Cosmetic, Food Decisions Shape Amarin's Appeal For Omega-3 Trade Inquiry

Amarin's petition to the Federal Circuit Court to direct ITC to investigate its complaint that some omega-3 ingredients are unapproved drugs leans on Supreme Court decisions that compliance with FDA regulations in cosmetic and food labeling does not preclude litigation alleging the information rendered a product an unapproved drug or represented false advertising.

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FDA has no authority to waylay an International Trade Commission investigation into whether products marketed as dietary supplements unfairly compete with Amarin Corp. PLC's ethyl-ester eicosapentaenoic acid omega-3 drug, the firm argues in a federal court appeal.

Amarin's petition submitted Dec. 1 to the US Circuit Court for the Federal Circuit for an order directing ITC to...

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