Supreme Court denies Amarin Pharma petition

December 9, 2019

A petition for a writ of certiorari submitted by Amarin Pharma in July has been denied by the Supreme Court of the United States. The petition asked the Supreme Court to review a decision made by the U.S. Court of Appeals for the Federal Circuit to uphold a 2017 decision of the International Trade Commission (ITC) not to investigate Amarin’s complaints against companies like omega-3 oils supplier DSM Nutritional Products and omega-3 supplement brands such as Pharmavite LLC and Nordic Naturals Inc.

The original September 2017 complaint against ITC alleged that the omega-3 eicosapentaenoic acid (EPA) fatty acid concentrates, in either ethyl ester or re-esterified form, manufactured by these companies, are synthetic and therefore not considered dietary ingredients and not allowed in dietary supplements according to the Federal Food Drug and Cosmetic Act (FD&C Act). The Supreme Court’s denial means that the decision of the ITC to not investigate Amarin’s complaints remains upheld by the U.S. Circuit Court of Appeals for the Circuit Court, and no further appeals are possible.