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Cholestene lawsuit

This article was originally published in The Tan Sheet

Executive Summary

Cholestin-maker Pharmanex files civil contempt motion against HPF LLC, alleging the Trevose, Penn.-based firm's marketing of its Cholestene red yeast rice product violates a Utah federal judge's preliminary injunction. Pharmanex asserts HPF has continued to advertise Cholestene in its old trade dress, continued to rely on Cholestin-based studies in advertising, product materials and on the Internet. A hearing on the motion is set for Oct. 12. A trial is tentatively scheduled for November 2000 on Pharmanex's claims that Cholestene packaging is deceptively similar to Cholestin (1"The Tan Sheet" May 10, In Brief)

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Cholestene injunction

Salt Lake City, Utah federal court issues preliminary injunction against Prevose, Penn.-based HPF, Inc. in response to a complaint filed by Pharmanex, the Cholestin manufacturer says. Judge Dale Kimball orders that until the case comes to trial, Cholestene may not be marketed in its current packaging. The injunction follows an April 14 suit filed by Pharmanex asserting Cholestene packaging is deceptively similar to that of Cholestin. According to company data, Pharmanex has spent approximately $5 mil. on R&D for its red yeast rice dietary supplement for healthy cholesterol in addition to $1.8 mil. in litigation against FDA to protect the regulatory status of the product

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