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A new competitor called Jeuveau is trying to “furrow” Botox’s popularity as everyone’s favorite anti-aging treatment of choice. Jeuveau will cost 20% to 25% less than the cost of Botox, which is perhaps the reason that Allergan, the company that makes Botox, has accused Jeuveau’s owner, Evolus, of stealing the recipe for Botox. Wait, what? They stole the recipe? Why is this even relevant? Well…
Allergan first created and protected the recipe for Botox using trade secret laws, instead of filing for a patent, which is the usual method used by pharmaceutical companies to protect their drugs. Choosing trade secret protection has benefits because, unlike a patent, the secret recipe of Botox will never expire. However, without customary patent protection, Botox can be reverse engineered or replicated by nearly anyone.
Allergan seeks to have the International Trade Commission prevent Jeuveau from moving forward, as Allergan believes their ex-employee stole their secret manufacturing processes and used them at Evolus. Evolus denies these allegations and intends to move forward with sales as planned. If the International Trade Commission decides to investigate it will take 15 to 18 months to reach a decision.
Will this wrinkle Jeuveau’s plans and will Botox prevail?
Article by Carissa Chow