Evolus Provides Update on United States International Trade Commission (USITC) Case

Commission to Review Case; Final Determination Targeted for November 2020

Jeuveau Launch and Product Supply Unaffected by Initial Determination

NEWPORT BEACH, Calif., July 06, 2020 (GLOBE NEWSWIRE) -- Evolus, Inc. (NASDAQ: EOLS) today announced that the Administrative Law Judge (ALJ) overseeing the United States International Trade Commission (USITC) case filed by Allergan and Medytox in January 2019 against Daewoong and Evolus released a Notice of Initial Determination. This non-binding initial decision by the ALJ finds a violation of Section 337 of the Tariff Act of 1930.  All aspects of the ALJ’s ruling are subject to review by the Commission itself.

“We strongly disagree with the initial determination and we look forward to the full Commission’s Final Determination targeted for November 6, 2020. In addition, we intend to petition the Commission to review the initial determination,” said David Moatazedi, President and Chief Executive Officer.

Among the grounds on which Evolus will seek review is that this investigation represents an improper attempt to use the USITC as a means to litigate a dispute between two Korean competitors that is completely disconnected from the United States.  The trade secrets asserted by Allergan and its Korean partner Medytox have never been used in the United States.  The intellectual property jurisdiction of the USITC was created to protect domestic industries from improper foreign competition.  Evolus will petition the full Commission to review this questionable legal maneuvering which would improperly increase the jurisdiction of the USITC beyond the Commission’s mandate. 

Once this issue and all other issues in the case have been briefed, the Commission in its final determination may affirm, set aside or modify the portions of the Initial Determination under review.

About Evolus, Inc.

Evolus is a performance beauty company with a customer-centric approach focused on delivering breakthrough products. In 2019, the U.S. Food and Drug Administration approved Jeuveau (prabotulinumtoxinA-xvfs), the first and only neurotoxin dedicated exclusively to aesthetics and manufactured in a state-of-the-art facility using Hi-Pure technology. Jeuveau is powered by Evolus' unique technology platform and is designed to transform the aesthetic market by eliminating the friction points existing for customers today. Visit us at: www.evolus.com.