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News Release 16-138
Inv. No(s). 337-TA-1027
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same. The products at issue in the investigation are food supplements and vitamins containing ocular antioxidants, such as lutein, zeaxanthin, and zeaxanthin isomers,that may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia or astigmatism.
The investigation is based on a complaint filed by Kemin Industries, Inc., and Kemin Foods, L.C., both of Des Moines, Iowa, on October 6, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
OmniActive Health Technologies of Mumbai, India; and
OmniActive Health Technologies, Inc., of Morristown, NJ.
By instituting this investigation (337-TA-1027), 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.