In an amicus opposing Amarin's petition in federal court for an order that the US ITC investigate its fair trade complaint targeting certain omega-3 oil ingredients, DoJ says the drug firm is attempting private enforcement of the FDC Act. The act "commits enforcement exclusively to the federal government to ensure that complex enforcement decisions are made with the benefit of FDA's scientific and regulatory expertise," DoJ argues.
The dietary supplement industry is speculating whether Amarin Corp. PLC could usurp FDA's authority by attempting to block imports of some omega-3 fish oils, but the Department of Justice questions why it bothered asking for something the Food, Drug and Cosmetic Act prohibits.
In an amicus brief opposing Amarin's petition in federal appeals court for an order that the US International Trade Commission...