Bayer HealthCare LLC's Animal Health Division recently won two battles against unauthorized sellers of its Advantage (imidacloprid) topical solution.
Bayer filed two lawsuits after learning that Nagrom Inc. and Lemos Feed & Pet Supply Inc., wholesalers of pet supplies, were advertising and selling foreign-diverted Advantage directly to pet owners in the United States. Because Bayer sells Advantage exclusively through authorized and licensed veterinarians, it argued that the sale by Nagrom and Lemos Feed & Pet Supply violated its sales policy.
The U.S. District Court for the District of Kansas has barred Nagrom from selling foreign-diverted Advantage products. The court held that there were considerable differences between Advantage products sold by Negrom and those sold through veterinarians. Those sold by Negrom lack U.S. Environmental Protection Agency registration, fail to comply with federal and state labeling laws, and lack the quality control measures that Bayer provides for its U.S. products.
The U.S. District Court for the Central District of California entered an order permanently restraining Lemos Feed & Pet Supply from purchasing, selling, or distributing foreign-diverted Advantage. If the company violates the order, it will be fined $100,000.
"These wins are another step in the ongoing fight to stop the illegal sale and distribution of Advantage," said Jeff Gaidos, vice president of marketing, North America, Bayer HealthCare LLC, Animal Health Division.
"We will continue to take appropriate legal action against those who violate our sales policy, because we are committed to protecting veterinarians, pet owners, and pets."
In addition to legal action, Bayer has created industry programs such as Partner with the Profession to address product diversion and sales. This program uses inventory management, tracking, and distribution capabilities to help ensure that products are sold exclusively by veterinarians, not by third parties.
Besides foreign-diverted Advantage, Bayer has also taken a leadership role in protecting the industry and consumers by working closely with the EPA and the AVMA to stop the distribution and sale of counterfeit Advantage. More than a year ago, Bayer initiated a meeting with the EPA, which conducted an investigation in collaboration with Bayer, and resulted in EPA's decision to order retailers and distributors in a number of states to stop selling counterfeit products that falsely contained EPA registration numbers and labeling.