Apotex sues FDA over import alert

On February 29, 2012, Apotex brought a request for arbitration at the International Center for Settlement of Investment Disputes seeking damages under NAFTA, arising from an import alert issued by the US FDA that prevented Apotex from selling products manufactured in two Canadian facilities in the U.S. in 2010 and 2011.

In the request, Apotex alleges that it was treated unfairly relative to other similarly-placedgeneric pharmaceutical manufacturers and that the FDA unreasonably delayed lifting the import alert, the result of which was to decimate Apotex is US business.  Apotex is seeking a declaration that the United States has breached its obligations under NAFTA and damages estimated to be in the hundreds of millions of U.S. dollars.

Apotex’s claim  may be found here.