And they’re back! Merz North America (Merz Aesthetics Inc and Merz Pharmaceuticals LLC) is now permitted to sell and promote its entire portfolio of FDA-approved products, including XEOMIN® (incobotulinumtoxin A), BELOTERO BALANCE® Dermal Filler, and Radiesse® Volumizing Filler, in the US with no restrictions imposed by the court.
About a week before Merz was slated to introduce Xeomin at a major medical meeting in March 2012, Botox manufacturer Allergan won an immediate injunction blocking the company from selling this product, which is a Botox competitor. The injunction prohibited Merz from selling or soliciting purchase of its Botox alternative, Xeomin, in the facial aesthetics market for 10 months.
Allergan also sought the return of “trade secrets.” Reportedly, some Allergan employees signed contracts with Merz and then delayed giving final notice so they could e-mail company data to themselves. Merz reportedly complied with the full terms of the US injunction.