- The U.S. International Trade Commission (ITC) has issued its final determination in the action brought by Allergan and Medytox against Evolus (NASDAQ:EOLS) and Daewoong.
- In its notice, the ITC affirmed in part the initial determination of the Administrative Law Judge (ALJ) finding a violation of Section 337 of the Tariff Act of 1930 as it relates to certain manufacturing processes.
- However, the ITC reversed the ALJ’s finding that a trade secret exists with respect to Medytox’s bacterial strain. The Commission issued orders preventing the import, sale and marketing of Jeuveau in the U.S. for 21 months, reduced from the 10-year recommendation in July 2020.
- The decision is not final until the 60-day presidential review period is complete during which, the Company plans to fund a bond to allow for the continued sales and marketing of Jeuveau in the U.S.
- Jeuveau is a registered trademark of Evolus.
- EOLS shares up 9% after-hours.