SACRAMENTO – A pharmaceutical company that develops medical foods alleges another company has wrongfully obtained an advantage of them because of misleading advertising.
Alfasigma USA Inc. and Breckenridge Pharmaceutical Inc. filed a complaint on Sept. 22 in the U.S. District Court for the Eastern District of California against Nivagen Pharmaceuticals Inc. alleging false advertising and unfair competition.
According to the complaint, the plaintiffs produce Foltx and Folbic. The suit states the defendant distributes Niva-Fol as a generic of Foltx and Folbic. The plaintiffs allege that Niva-Fol is not a proper substitution for their products and that Niva-Fol is intentionally mislabeled to gain commercial advantages.
The plaintiffs hold Nivagen Pharmaceuticals Inc. responsible because the plaintiffs allege they have lost or will lose sales and market shares because of the defendant's false and misleading statements.
The plaintiffs request a trial by jury and seek an order the defendant to take immediate action to correct any confusion it has caused in the pharmaceutical industry, pay damages to the plaintiffs, actual and consequential damages, all profits, additional damages equal to three times the actual damages, punitive damages, all legal fees, interest, and any other relief as the court deems just.
They are represented by Mark T. Jansen and Molly A. Jones of Crowell & Moring LLP in San Francisco and Bruce D. De Renzi of Breckenridge Pharmaceutical Inc. in New York.
U.S. District Court for the Eastern District of California case number 2:17-cv-01974-MCE-GGH