ITC Confirms Fake Ozempic Violates Law, Seeks Remedies Now
Published Date: 1/28/2025
Notice
Summary
The U.S. International Trade Commission has confirmed that some products claiming to contain tirzepatide are breaking the rules, following a complaint by Eli Lilly. They’re now asking for input on how to fix the problem, protect the public, and handle money matters. This affects companies importing or selling these products in the U.S. and could lead to changes soon.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Certain Sellers Found in Violation
The U.S. International Trade Commission declined to review an administrative law judge’s initial determination issued December 6, 2024, and voted on January 22, 2025, that found several named respondents in violation of section 337 for importing or selling products containing or purporting to contain tirzepatide due to trademark, false origin, and/or false advertising claims. This means those named companies may face enforcement orders that could stop them from importing or selling the accused products in the United States.
Possible Import Ban or Stop-Sale Orders
The Commission may order remedies including a general exclusion order (blocking entry of the subject articles into the United States), limited exclusion orders for specific respondents, and cease-and-desist orders that would require respondents to stop unfair acts related to tirzepatide-containing or -purporting products. The ALJ’s recommended determination listed a general exclusion order as well as limited exclusion orders and cease-and-desist orders as possible remedies.
60-Day USTR Review and Bonding Requirement
If the Commission orders a remedy, the U.S. Trade Representative has 60 days to approve or disapprove that determination, and during that 60-day review period the subject articles may be allowed to enter the United States only if they are entered under bond in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission has requested submissions on the appropriate bond amount.
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Key Dates
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