Injunction Issued Against Cholestin’s Competitor

A Utah federal district judge has issued a preliminary injunction against HPF LLC of Trevose, Pa., in response to a lawsuit filed by Pharmanex Inc. of Simi Valley, a developer of nutritional supplements.

Pharmanex claims that confusing similarities exist between the packaging of Cholestene, a red yeast rice product manufactured by HPF, and the Pharmanex product Cholestin, which is designed to promote healthy cholesterol levels.

U.S. District Judge Dale A. Kimball ordered that, until the matter comes to trial, Cholestene can not be marketed in its current packaging. Kimball also ordered that HPF no longer use clinical studies conducted by Pharmanex specifically for Cholestin as though they also apply to Cholestene.

“We feel Judge Kimball’s order sends a clear message of caution to other manufacturers of red yeast rice products,” said Bill McGlashan, president of Pharmanex. “We have invested millions of dollars in the development of proprietary products with clinically proven efficacy. It is a great disservice to consumers when companies use our product-specific clinical studies and product labeling and pass them off as their own.”

Pharmanex is a subsidiary of Utah-based Nu Skin Enterprises Inc. The company sells multivitamin/mineral supplements, natural health products, botanicals and specialized health systems.