Graceway Pharma has filed a lawsuit against River's Edge Pharma in the US District Court for the Northern District of Georgia based on River's Edge's improper sales and marketing practices.
The lawsuit alleges that River's Edge unlawfully promotes its benzoyl peroxide gel and wash products as generically equivalent to - or otherwise substitutable for - Graceway's Benziq(TM) family of products: Benziq LS Gel (benzoyl peroxide 2.75%); Benziq Gel 50 g Tube (benzoyl peroxide 5.25%); and Benziq Wash (benzoyl peroxide 5.25%).
Benzoyl peroxide is used as a radical initiator. Homolytic cleavage of the weak oxygen-oxygen bond forms benzoyl free radicals which trigger further reactions.
Jack Breitbart of Revlon laboratories first developed benzoyl peroxide's use for treating acne in the 1920s. It is typically placed over the affected areas in gel or cream form, in concentrations of 2.5% increasing through the usually effective 5% to up to 10%. Research suggests that 5 and 10% concentrations are not significantly more effective than 2.5% and 2.5% is usually better tolerated
The lawsuit sets forth claims for False Advertising and Unfair Competition in violation of the federal Lanham Act, as well as claims for common law Unfair Competition and Misappropriation.
The lawsuit alleges that River's Edge unlawfully promotes its benzoyl peroxide gel and wash products as generically equivalent to - or otherwise substitutable for - Graceway's Benziq(TM) family of products: Benziq LS Gel (benzoyl peroxide 2.75%); Benziq Gel 50 g Tube (benzoyl peroxide 5.25%); and Benziq Wash (benzoyl peroxide 5.25%).
Benzoyl peroxide is used as a radical initiator. Homolytic cleavage of the weak oxygen-oxygen bond forms benzoyl free radicals which trigger further reactions.
Jack Breitbart of Revlon laboratories first developed benzoyl peroxide's use for treating acne in the 1920s. It is typically placed over the affected areas in gel or cream form, in concentrations of 2.5% increasing through the usually effective 5% to up to 10%. Research suggests that 5 and 10% concentrations are not significantly more effective than 2.5% and 2.5% is usually better tolerated
The lawsuit sets forth claims for False Advertising and Unfair Competition in violation of the federal Lanham Act, as well as claims for common law Unfair Competition and Misappropriation.
