Court clears path for sale of new dermal filler

PSN Staff
11/05/2012 at 11:00AM

A federal injunction filed March 9 against Merz Aesthetics for violating California's Uniform Trade Secrets Act has been lifted. The decision will allow the company to promote and sell its dermal fillers, Belotero Balance® and Radiesse®, without restriction.

The company announced that it has successfully completed the file examination and remediation process to modify the court order effective Nov. 1.

"We are pleased that the injunction was lifted and the lawsuit was dismissed," says Bill Humphries, president and chief executive officer of Merz, Inc. "These milestones now permit Merz to fill all orders for Radiesse and Belotero Balance. Our commercial professionals will be re-engaging with our customers in an effort to ensure that patients and physicians have improved access to treatment options for aesthetic dermatology."

The injunction was handed down by Andrew Guilford, U.S. District Court judge for the Central District of California, who wrote that the injunction was partially in response to Merz's improper use of Allergan's plans "to address competition" from Merz.

The lawsuit was filed in response to accusations that followed the move of one high-ranking Allergan official to Merz Aesthetics last year. "The right of free competition does not include the right to use the confidential work product of others," wrote Andrews.

"It is important to note that the lawsuit never questioned the quality of Merz products," Humphries adds, "and was strictly commercial in nature."

However, the company's new botulinum toxin product, Xeomin®, remains unavailable for sample, purchase or sales in the facial aesthetics market until Jan. 9.

Read more: Court rules toxin manufacturer violated Trade Secrets Act