As expected, Amarin Corp. is appealing to the U.S. Federal Circuit Court the International Trade Commission’s decision to decline its request to block the import of ethyl ester and triglyceride concentrates for dietary supplements.


ITC had rejected Amarin’s initial request because it said interpretation of the Food Drug and Cosmetic Act is not within its purview. It also stated that sale of omega-3 concentrates as supplements in the U.S. does not create unfair competition.

The suit ask the court to review the ITC’s ruling and also seeks a write of mandamus, which can force a government agency to act as required by law. It is seeking a fast-track of the review.