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News Release 23-103
Inv. No(s). 337-TA-1377
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain products containing tirzepatide and products purporting to contain tirzepatide. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Eli Lilly and Company on October 19, 2023, and supplemented on November 10, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain products containing tirzepatide and products purporting to contain tirzepatide by reason of the infringement of a trademark, the false designation of source, and false and misleading advertising. The complainant requests that the USITC issue a general exclusion order or, in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Arctic Peptides LLC of Ankeny, IA;
- Audrey Beauty Co. of Hong Kong;
- Biolabshop Limited of Lancaster, United Kingdom;
- Mew Mews Company Limited of Hong Kong;
- Steroide Kaufen of Bialystok, Poland;
- Strate Labs LLC of Spring, TX;
- Super Human Store of Barcelona, Spain;
- Supopeptide of Cedar Grove, NJ;
- Triggered Supplements LLC (d/b/a The Triggered Brand) of Clearwater, FL;
- Unewlife of Cedar Grove, NJ; and
- Xiamen Austronext Trading Co., Ltd. (d/b/a AustroPeptide) of Fujian, China;
By instituting this investigation (337-TA-1377), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.