Hope Medical Enterprises, Inc. v. Fagron Compounding Services, LLC

I. INTRODUCTION

On September 6, 2019, plaintiff Hope Medical Enterprises, Inc., d/b/a Hope Pharmaceuticals (“Hope”) filed suit in this Court against defendants Fagron Compounding Services, LLC, JCB Laboratories, LLC, AnazaoHealth Corporation, and Coast Quality Pharmacy, LLC (collectively, “defendants”). Dkt. 1 (“Compl.”). The gravamen of Hope’s claims was that defendants’ drug compounding practices constitute unfair competition in violation of several states’ consumer protection laws. On October 26, 2021, the Court issued its Findings of Fact and Conclusions of Law in favor of Hope. Dkt. 418 (“Findings of Fact”). On January 18, 2022, the Court entered a final judgment. Dkt. 430. Consistent with its findings, the Court issued a permanent injunction enjoining Fagron from distributing in or to California, Connecticut, Florida, South Carolina, or Tennessee (“the five states”) compounded sodium thiosulfate except based on a prescribing practitioner’s attestation that defendant’s drug “will produce a clinical difference.” Id. { 3. On January 27, 2022, the Food and Drug Administration (the “FDA”) published in the Federal Register its final determination that…