Certain Products Containing Tirzepatide and Products Purporting To Contain Tirzepatide; Notice of Institution of Investigation

Issuing agencies

Abstract

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 19, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Eli Lilly and Company of Indianapolis, Indiana. A supplement was filed on November 10, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products containing tirzepatide and products purporting to contain tirzepatide by reason of the infringement of U.S. Trademark Registration No. 6,809,369 ("the '369 mark"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain products containing tirzepatide and products purporting to contain tirzepatide by reason of false designation of source and false and misleading advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order or, in the alternative, a limited exclusion order, and cease and desist orders.