Merz Aesthetics, Inc. And Merz Pharmaceuticals, LLC, have released a statement about the recent ruling that prevents Merz from selling or soliciting purchases of their product, Xeomin, in the facial aesthetics market for 10 months.
“We regret that this ruling will affect physicians and patients as we believe that access to quality FDA-approved treatment options, including XEOMIN® (incobotulinumtoxinA), is a cornerstone of the US market,” said William D. Humphries, who was recently appointed CEO of Merz, Inc. “It is critical at this juncture to clarify that this lawsuit, which is commercial in nature and focuses specifically on alleged trade secrets, did not call into question the quality of Xeomin. As a globally successful pharmaceutical company, which has been under private ownership for over 100 years, Merz stands for high ethical standards and we regret that individual employees have violated our longstanding guidelines.”
The injunction allows Merz to seek to modify or terminate the provisions of portions of the injunction, including the limitations placed on sales of Xeomin, on the grounds that they have satisfied the examination and remediation process. Merz has confirmed that it is pursuing an expedited file examination and remediation process that would enable them to return to “business as usual,” including the launch of Xeomin in the facial aesthetics market.
The Merz Pharma Group announced that, effective March 15, 2012, as CEO of the U.S. holding company, Merz Inc., Humphries will assume overall responsibility for the Medical Dermatology global business unit and will oversee strategic direction and collaboration among three North American companies: Merz Pharmaceuticals, LLC, Merz Aesthetics, Inc. and Merz Pharma Canada, Ltd. The company said Humphries’ appointment completes the latest senior executive talent additions to Merz, including the hiring of Hans Regenauer, Head of Global Business Unit OTC/OTX & Emerging Markets; and Stefan Brinkmann, Head of Global Business Unit Ethical Pharma and Regional Head Western Europe. Prior to joining Merz, Humphries served as the President of Stiefel, a Glaxo-Smith-Kline Company.
