FDA announced more ephedra seizures last Friday, this time from Hi-Tech Pharmaceuticals, an Atlanta area supplement maker. For the FDA press release, click here.
We previously mentioned Hi-Tech in connection with a trade dress dispute here. This time, FDA has gone after what it describes as $3M in product marketed under the brand names “Lipodrene,” “Stimerex-ES,” and “Betadrene.”
The FDA press release also notes the following at the bottom:
Hi-Tech has previously filed a lawsuit against FDA seeking to prevent the agency from enforcing the 2004 rule declaring dietary supplements containing ephedrine alkaloids to be adulterated. The United States recently moved to dismiss that lawsuit, which is currently pending in the United States District Court for the Northern District of Georgia.
The complaint in Hi-Tech v. Crawford, posted here, makes for an interesting read, and way too much to comment on in this short blog posting. Essentially, Hi-Tech is asking the court to apply the decision of the Utah District Court in Nutraceutical Corp. v. Crawford to all products containing ephedra.
About Joel Rothman
Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.
