The full text of the final determination of the United States International Trade Commission (ITC) was released, and it revealed Daewoong’s criminal acts.

Bio pharmaceutical company, Medytox Inc. (CEO HyunHo Jung) announced on 14th that the full text of the ITC final determination, which was issued on December 16th (US local time), was open to the public and the ITC Commission accepted Medytox’s misappropriation claim against Daewoong and Evolus. Based on the final judgment, the import of Daewoong and Evolus botulinum toxin products Jeuveau (Nabota in Korea) has been banned from the US for 21 months, and the sales in the US are also suspended.

In the full text of the public version of its decision, the ITC Commission stated that “The genetic evidence establishes by more than a preponderance of the evidence (indeed by near certainty) that Daewoong derived its strain from Medytox,” finding that Daewoong misappropriated the Medytox strain. In addition, the Commission reaffirmed that Daewoong's claim was a lie, stating that Daewoong “relied on the unpersuasive theory that they found their strain in the soil not from some other source relating to the University of Wisconsin,” and Daewoong “no longer assert[s] the defense of independent development that they found its strain in the soil.” Daewoong claimed to have discovered its strain in Korean soil for a long time, but during the ITC investigation, Daewoong was unable to tell the ITC where it obtained its strain. Instead, Daewoong is still repeating to argue weakly that Medytox has not produced enough evidence to prove theft, even after the alleged misappropriation has been proved by the genetic tests.

The ITC Commission also recognized Daewoong's unreasonable arguments and mischaracterization of the evidence derived from the investigation. In the decision, the Commission noted that Daewoong mischaracterized the record regarding the genetic testing of strains and also mischaracterized the administrative law judge’s (ALJ) order denying discovery from Allergan, pointing out that Daewoong did not request a sample of Allergan’s strain. After the ALJ’s initial determination, Daewoong has argued that Daewoong requested the access to Allergan’s strain but ALJ refused it; thus, the initial determination made a clear error.

It was also confirmed that the misappropriation of Medytox's manufacturing processes was obviously, doubtlessly a criminal act by Daewoong. The Commission stated that it has determined to affirm ALJ’s findings regarding the existence of Medytox's trade secrets relating to manufacturing process and Daewoong’s misappropriation of them.

A Medytox official stated, "The truth has finally been revealed by an impartial U.S. government agency that Daewoong misappropriated Medytox's botulinum strain and manufacturing process, and Jeuveau (Nabota in Korea) is the product of that theft,” and “while Daewoong has tried to misrepresent the ITC’s final determination as a victory even after its conviction was confirmed, the full 72- page decision clearly showed Daewoong’s claim was false.” He added, “the fact that nothing in the ITC’s final decision supports Daewoong’s protests of innocence has proved that Daewoong obviously committed criminal acts,” and “the decision has revealed that Daewoong has repeatedly lied that it found its strain in the soil in Korea and that Daewoong has completely deceived the public and government authorities for a long time.”

Medytox is confident that ongoing legal proceedings in Korea will reach the same conclusion that the ITC reached. Medytox intends to vigorously disclose all of Daewoong's criminal acts and will request the prohibition on the use of Medytox’s strain and manufacturing process and return of the rights of them, and it will ask Daewoong to dispose products that have already been produced or are selling in the market and will ask for proper compensation.

A Medytox official stated, “Daewoong's shameless criminal acts have been revealed through various scientific evidence during the ITC investigation,” and “based on such records, Korean courts and prosecutors would be expected to reach the same conclusion.” Also, he emphasized that “Medytox disagree with the Commission's finding that Medytox's strain is not a legally-protectable trade secret, but Daewoong is not entitled to steal Medytox's strain and manufacturing process, whether or not the strain is technically a trade secret,” and “We will ask Daewoong to be legally responsible for all the wrongful acts while Daewoong has still not admitted its wrongdoings and is deceiving the public with false claims, even after its criminal acts were clearly revealed.”