ITC rules South Korean toxin misappropriated trade secrets following Allergan complaint

The US’ International Trade Commission (ITC) has sided with Allergan in its attempt to block the marketing of Daewoong Pharmaceuticals’s rival toxin product Jeuveau in the US. 

On 6 July ITC administrative law judge David Shaw issued a Final Initial Determination (ID) on the question of whether or not the South Korean pharmaceutical company violated section 337 of the of the Tariff Act 1930.

He determined that a violation of section 337 had occurred by reason of “misappropriation of trade secrets”. A public version of the ID will be available within 30 days. 

Allergan filed its case in January 2019, accusing Daewoong of creating a product that will “directly compete” with Botox and “undercut” it significantly.

It also alleged that Daewoong had “misappropriated trade secrets” from its South Korean partner Medytox.

Daewoong will now have to petition the ITC to review the initial decision made by the judge. 

Botulinum toxin treatments topped a recent list of treatments highlighted by the American Society of Plastic Surgeons (ASPS), as being the most-sought-after post-pandemic procedures.