Indiana Intellectual Property Law News
Eli Lilly and Company, a leader in pharmaceutical innovation for nearly 150 years, has filed legal complaints against more than six medical spas and wellness centers for selling products that claim to contain Tirzepatide, the active ingredient in its popular diabetes and weight loss medications, MOUNJARO® and ZEPBOUND®. The complaints allege multiple infringements under federal and state laws, aimed at safeguarding patients from deceptive practices surrounding the FDA-approved medications.
According to the suits, MOUNJARO® and ZEPBOUND ® were developed through rigorous clinical trials and FDA approval processes. However, Lilly claims that the drugs offered by the Defendants in the cases are compounded products—neither tested nor approved by the FDA.
The lawsuit contends that the Defendants have deliberately misled consumers by creating the false impression that their products are equivalent to Lilly’s MOUNJARO® and ZEPBOUND®. This deception is allegedly propagated through deceptive advertising, including the use of Lilly’s trademarks without authorization, and misleading claims about the safety and approval status of their compounded drugs.
Central to Lilly’s grievance is the potential harm posed to patients who unwittingly opt for these unapproved medications. Compounded drugs, as per FDA warnings cited in the complaint, lack the rigorous oversight and safety protocols applied to FDA-approved medicines. This disparity raises significant health risks, including adverse reactions and compromised treatment efficacy.
Moreover, the lawsuit highlights the Defendants’ alleged cybersquatting activities. By registering domain names containing the words “Mounjaro” and “Zepbound,” the Defendants purportedly aim to capitalize on Lilly’s brand reputation and mislead consumers seeking legitimate treatments.
Lilly’s legal action seeks redress under the Lanham Act, citing trademark infringement, false advertising, false designation of origin, and deceptive trade practices. The company seeks injunctions to halt the deceptive practices, monetary damages, and the transfer of the infringing domain names.