Novo Nordisk A/S et al v. Prism Aesthetics, LLC

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
NOVO NORDISK A/S and NOVO NORDISK INC.
V. 	CASE NO. 5:25-CV-5164
PLAINTIFFS
PRISM AESTHETICS, LLC 	DEFENDANT
FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT
This matter having come before the Court on the joint request of the parties for
entry 	of 	this 	Final 	Judgment 	and 	Pe rmanent 	Injunction 	on 	Consent 	(this 	"Final
Judgment"); and
1. 	It 	appearing 	that 	plaintiffs 	Novo 	Nordisk A/S 	and 	Novo 	Nordisk 	Inc.
(collectively, "Novo Nordisk" or "plaintiff') filed their Complaint in this action on August 4,
2025 , and that defendant PRISM Aesthetics , LLC ("PRISM" or "defendant") waived
service of process and , through counse l, appeared on October 14, 2025 by filing a Motion
to Dismiss; and
It further appearing that the parties have agreed to settle and resolve this matter
without further formal proceedings herein, and , as indicated by the signatures below, have
consented to entry of this Final Judgment in connection with such resolution of this action ;
and
The Court finding good cause therefor;
Now, therefore, by stipulation and agreement of the parties, and with the consent
of counsel for plaintiffs and counsel for defendant, as indicated below, and for good cause
shown ,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows :
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2. 	This Court has jurisdiction over the subject matter of this action pursuant to
15 U.S .C. § 1121 and 28 U.S.C. §§ 1331 and 1338, and has jurisdiction over defendant
PRISM. 	Venue in this Court is proper pursuant to 28 U.S.C. § 1391.
3. 	Plaintiff 	Novo 	Nordisk's 	Complaint 	alleged 	causes 	of 	action 	against
defendant PRISM for false advertising , unfair competition, and deceptive and unfair trade
practices in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and the
common law.
4. 	Without the consent of plaintiff Novo Nordisk, defendant published the
articles attached as Exhibits 1-3 to plaintiff's complaint which are the subject of the claims
related 	to 	advertising , marketing, and/or promotion 	of compounded 	drug 	products
purporting to contain semaglutide that have not been approved by the U.S . Food & Drug
Administration 	(the "FDA") and 	are 	not genuine 	FDA-approved , semaglutide-based
medicines (the "Compounded Drugs") that falsely suggest that the Compounded Drugs
achieve or have 	been 	shown 	or proven to 	achieve therapeutic results, effects, or
outcomes 	similar or identical to 	Novo 	Nordisk's FDA-approved , semaglutide-based
medicines, and that the Compounded Drugs are interchangeable with or equivalent to
genuine Novo Nordisk FDA-approved , semaglutide-based medicines.
5. 	Plaintiffs allege that Defendant's actions as described above are likely to
cause deception and violate Novo Nordisk's rights under the Lanham Act and state law.
6. 	Defendant, its officers, directors, shareholders, owners, agents, servants,
employees, and 	all 	those 	in 	active 	concert or participation with them , are 	hereby
PERMANENTLY 	ENJOINED 	from 	advertising , 	stating , 	or 	suggesting 	that 	any
Compounded Drugs, including any Compounded Drugs that either are available, directly
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or indirectly, from or through Defendant or the use of which or access to which is facilitated
by, or with the involvement of, Defendant:
(a) are, or contain , genuine or authentic Novo Nordisk OZEMPIC,
WEGOVY, or RYBELSUS medicines;
(b) are sponsored by or associated with Novo Nordisk;
(c) are approved by the FDA; have been reviewed by the FDA for
safety, effectiveness, or quality; or have been demonstrated to the FDA
to be safe or effective for their intended use;
(d) achieve or have been shown or proven to achieve therapeutic
results, effects, or outcomes, including by relying on or making reference
to clinical trial results for Novo Nordisk's medicines;
(e) achieve or have been shown or proven to achieve therapeutic
results, effects, or outcomes similar or identical to 	Novo Nordisk's
medicines or are interchangeable with or equivalent to genuine Novo
Nordisk medicines;
(f) are associated 	or connected with 	Novo 	Nordisk or Novo
Nordisk's medicines; or
(g) contain any ingredient (including semaglutide) that is supplied
by Novo Nordisk, is approved by the FDA, or is the same as any
ingredient in any Novo Nordisk medicine.
7. 	IT IS FURTHER ORDERED that, for twelve months from the date of entry
of this Final Judgment, Defendant shall conspicuously and prominently disclose in any
materials 	for 	any 	Compounded 	Drugs, 	including 	all 	advertising , 	marketing , 	and
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promotional materials, that: (a) the Compounded Drugs are compounded drugs that have
not been 	approved 	by the 	FDA; have 	not been 	reviewed 	by the 	FDA for safety,
effectiveness, or quality; and have not been demonstrated to the FDA to be safe or
effective for their intended use; (b) the processes by which the compounded drugs are
manufactured have not been reviewed by the FDA; and (c) FDA-approved products
containi ng semaglutide are available.
8. 	The parties having agreed to a confidential settlement agreement that
resolves Novo Nordisk's claims, no award is included in this Final Judgment.
9. 	JUDGMENT IS HEREBY ENTERED in favor of plaintiff Novo Nordisk as
set forth above. 	All claims asserted in this action are hereby dismissed with prejud ice ,
except that this Court shall retain jurisdiction for the purpose of enforcing the parties'
settlement agreement, this Final Judgment and Permanent Injunction, and as otherwise
provided herein.
10. 	In accordance with the Lanham Act, 15 U.S.C. § 1116, the Clerk of the
Court shall notify the Director of the Patent and Trademark Office of the entry of this
Final Judgment, who shall enter it on the records of the Patent and Trademark Office.
11. 	This Final Judgment shall be deemed to have been served on defendant
PRISM , its officers, directors, shareholders, owners, agents, servants, employees, and
all those in active concert or participation with them as of the date of entry hereof by the
Court. ~
IT IS 50 ORDERED on this 	j f 	day of F:
L. 	OKS
ED STATES DISTRICT JUDGE
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