Phenomenex Charges Thermo with False Advertising
Phenomenex alleges that the email implies that Phenomenex’s claim that ultra-high backpressure is needed for its Kinetex columns is false and that the email’s comparison of the performances of Thermo Fisher’s 30mm long Hypersil GOLD 1.9 µm column and Phenomenex’s Kinetex 50 mm long column is false.
Los Angeles, CA 11/9/09—LC column developer and supplier Phenomenex has filed suit against Thermo Fisher Scientific in the US District Court for the Central District of California, alleging false advertising and unfair competition. The action is in connection with an email sent in October by a Thermo Fisher product manager to US distributors. Phenomenex seeks restrictions on the further distribution of such materials, the retrieval destruction of the materials, an accounting of profits derived from the misrepresentation and the issuance of corrective advertising. Thermo Fisher Scientific has not yet filed an answer.
