This Post Is Not About Trademarks or Defamation
Litigation attorney Eric Alexander published a blog for Drug & Device Law discussing the U.S. District Court for the Southern District of Indiana's decision in Eli Lilly & Co. v. Premier Weight Loss of Ind. LLC, a dispute that, although pled as a trademark infringement, false advertising and defamation case, ultimately turned on U.S. Food and Drug Administration (FDA) and Federal Food, Drug & Cosmetic Act (FDCA) issues. The case involved allegations that the defendant repackaged Eli Lilly's prescription medications from factory-sealed autoinjector pens into third-party insulin syringes with different dosages and labeling, leading the court to conclude that calling the defendant an "illegal actor" could be substantially true based on plausible Lanham Act violations and a sale of unapproved drugs in violation of the FDCA. Mr. Alexander also highlights the court's conclusion that litigation privilege did not shield statements shared with the media before the lawsuit was filed, underscoring the potential risk of pre-suit publicity campaigns.