“The court finds that the failure to subject such content to review by Alfasigma personnel for compliance with the permanent injunction to be completely unacceptable,” Judge Chuang wrote.
This marks the third time ExeGi Pharma has accused Alfasigma of violating the injunction. In 2020, the court found that Alfasigma and VSL Pharmaceuticals, another company involved in the case, breached the order through misleading Facebook posts about their products. However, a separate 2021 effort by ExeGi to secure a similar finding was denied.
Alfasigma acknowledged that its website posts violated the injunction but claimed the breach was inadvertent. The company attributed the issue to a contractor tasked with developing a new healthcare provider section on its website, arguing that oversight during the webpage approval process led to the non-compliant language.
“Alfasigma asserts that it engaged a contractor … and that the language … was overlooked during the webpage approval process,” Judge Chuang noted, adding that the company had effectively abdicated its responsibility to ensure compliance with the court order.
