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Cholestene injunction

This article was originally published in The Tan Sheet

Executive Summary

Cholestene marketer HPF LLC held in civil contempt for violating a federal preliminary injunction barring promotion of its red yeast rice product using studies based on Pharmanex's Cholestin dietary supplement. However, the Utah federal judge finds on Oct. 26 that Trevose, Penn.-based HPF did not violate the court's order barring it from continuing to advertise Cholestene in its old trade dress. HPF must certify compliance with the preliminary injunction and pay Pharmanex reasonable fees and costs for bringing the contempt action. The preliminary injunction was issued in April in response to Pharmanex's lawsuit claiming 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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