A California federal jury ordered Imprimis Pharmaceuticals to pay Allergan for lost profits due to false advertising of its compounded drugs. However, the jury awarded just $48,500 in damages, a small fraction of the millions of dollars that Allergan was seeking.
According to a Form 8-K filing with the US Securities and Exchange Commission (SEC), Allergan filed a lawsuit in the U.S. District Court for the Central District of California against Harrow Health, the parent company of Imprimis, primarily claiming violations under the federal Lanham Act, a federal law that prohibits false advertising, and California’s Sherman Act.
On May 15, 2019, during a federal jury trial to determine damages, Allergan requested damages of more than $7,200,000 in lost profits and as much as $54 million in profit disgorgement connected to the lawsuit, according to the SEC filing. On May 16, 2019, the federal jury trial concluded, and the jury found Imprimis was liable for lost profit damages in the amount of $48,500, and $0 for disgorged profits.