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Cholestin trademark suit

This article was originally published in The Tan Sheet

Executive Summary

Filed April 14 by Simi Valley, Calif.-based Pharmanex in Salt Lake City, Utah federal court. Lawsuit seeks an injunction against HPF, Inc.' s marketing of Cholestene, a red yeast rice product for healthy cholesterol. Pharmanex argues the product is deceptively similar to Cholestin, which generated sales of more than $3.5 mil. in 1998, according to the firm. Cholestene was launched in health food and mass market stores by Trevose, Penn.-based HPF in January ("The Tan Sheet" April 12, In Brief). Pharmanex also is sending letters to approximately 4,500 independent pharmacists pointing out differences between the two products, including Cholestin's production through a proprietary process using a particular strain of red yeast rice. The firm believes no other red yeast rice product uses the strain found in Cholestin and that HPF's use of clinical studies conducted by Pharmanex is "therefore unwarranted." Cholestin is marketed through direct sales and in some independent pharmacies

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