Sandoz Inc. filed a complaint against Amgen Inc. and Amgen Manufacturing Limited, alleging the defendants engaged in false advertising and unfair competition related to prefilled anti-infection syringe products, designed for patients undergoing chemotherapy..
The defendant is a biopharmaceutical company. The plaintiff is a company that produces affordable biosimilar products similar to the ones the defendant manufactures.
According to the complaint, despite the Food and Drug Administration (FDA)’s approval of Sandoz’s anti-infection syringe Ziextenzo, Amgen has engaged in an allegedly false marketing campaign promoting the idea that the plaintiff’s type of syringe is less effective and less safe than Amgen’s.
The complaint alleges that Amgen’s false campaign relied on illegitimate scientific studies, for which the defendant has been warned by the FDA, in an attempt to undermine the plaintiff’s ability to provide affordable medicine to patients.
The plaintiff seeks the following relief: a judgment declaring the defendant violated the Lanham Act and California Business and Professional Code, an order forcing the defendant to cease all false advertising and engage in corrective advertising, restitution, and damages.
The plaintiff is represented by Alston and Bird LLP.
