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Westlaw News

Fed Circuit hands Amarin a bitter pill in trade fight over fish-oil supplements

Questions about whether Omega-3 fish-oil capsules are dietary supplements or unapproved prescription medications should be answered by the U.S. Food and Drug Administration, not the International Trade Commission, a federal appeals court held on Wednesday.

The U.S. Court of Appeals for the Federal Circuit affirmed the ITC’s dismissal of a complaint brought by Amarin Pharma Inc of New Jersey and Dublin-based Amarin Pharmaceuticals Ireland, which have offered the prescription drug Vascepa in the U.S. since 2013.

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