The US International Trade Commission has voted to institute an investigation of Daewoong’s Nabota, or Jeuveau outside of Korea, the USITC said in a news release Friday.

It was earlier announced that Jeuveau, approved by the US Food and Drug Administration in January, was to be commercialized in the US by California-based firm Evolus in the second quarter of this year. However, the latest development raises questions on whether the plan will proceed. 

The investigation is based on a complaint raised on Jan. 30 by South Korean botulinum toxin maker Medytox and its Irish big pharma partner Allergan, the maker of the world’s dominant botulinum toxin product Botox. The firms allege trade secrets were leaked by a former researcher of Medytox who moved to Daewoong Pharmaceutical.
 

The USITC said the institution of the investigation does not mean any decision has been made on the merits of the case. An evidentiary hearing will be scheduled for both parties to present their case.

The target date for completion of the investigation will be announced within 45 days from the institution of the investigation.

If the USITC’s findings reveal the allegations to be true, the case would be a violation of section 337 of the Tariff Act of 1930 in the importation and sale of products containing misappropriated trade secrets in the US.

Daewoong said it will actively and sincerely respond to the USITC proceedings to shed light on the truth. Citing the FDA’s recent denial of Medytox’s petition, Daewoong said it believes the USITC may reach a similar conclusion, and that it will hold Medytox accountable for the false accusation.

A USITC spokesperson could not immediately be reached for comment Monday.

By Lim Jeong-yeo (kaylalim@heraldcorp.com)