Pharmaceutical Cos. Accuse Competitor of Falsely Advertising Cream as FDA-Approved Generic
December 11, 2020
Sebela Pharmaceuticals Inc. and Perrigo New York, Inc. have filed a complaint against TruPharma, LLC for supposedly deceiving members of the public and the pharmaceutical industry that a topical cream it sells is generically equivalent to Sebela’s branded cream and Perrigo’s authorized version. Thursday’s District of Delaware complaint centers on Sebela’s trademarked Pramosone product, a corticosteroid available only by prescription.
According to the filing, Sebela markets, distributes, and sells pharmaceuticals in the gastroenterology and dermatology fields; the aforementioned cortisone cream and a similar one, both sold by Sebela, have been on the market for over 30 years. Sebela contends that it has dedicated significant resources to building its reputation and creating goodwill in connection with Pramosone.