Following a hearing in US District Court yesterday, Merz, Inc. is clarifying the availability of Xeomin and has appointed William (Bill) D. Humphries as CEO of Merz Inc., effective March 15.
Merz Pharmaceuticals, LLC will continue to sell Xeomin for therapeutic uses in the US, following the ruling by Judge Andrew J. Guilford last Friday and a subsequent hearing yesterday. Some restrictions are in place, barring sale to certain physicians in certain areas in the United States for the period of time specified in the injunction. The company further indicated that ongoing clinical studies of Xeomin in post-stroke spasticity and other indications will continue. The company also indicated that under terms of the injunction, both Merz Aesthetics, Inc. and Merz Pharmaceutials, LLC may seek to modify or terminate the provisions of portions of the injunction, including the limitations placed on sales of Xeomin, on the grounds that they have satisfied the examination and remediation process.
According to the company statement, “Merz has confirmed to the judge that it is pursuing an expeditious and effective file examination and remediation process that will enable the Company to return quickly to business as usual, which includes the launch of Xeomin in the facial aesthetic market.”“It is critical at this juncture to clarify that this lawsuit, which is commercial in nature and focuses specifically on alleged trade secrets, did not call into question the quality of Xeomin,” Mr. Humphreys said in a statement. “As a globally successful pharmaceutical company, which has been under private ownership for over 100 years, Merz stands for high ethical standards and we regret that individual employees have violated our longstanding guidelines.”