The allegation - that for a 16-month period starting in 2007 Gilead imported emtricitabine made by Synthetics China Ltd. into the US claiming the API came from an approved supplier - was detailed in a suit brought by ex-employees Jeff and Sherilyn Campie in 2014.
The original lawsuit, and an amended version filed in June 2015, were both dismissed. However, in a ruling released yesterday the US Court of Appeals for the Ninth Circuit overturned the decision, reopening the case.
Gilead said in an emailed statement that: "We are disappointed with today’s ruling and intend to challenge this outcome and vigorously defend against these allegations."
Emtricitabine is an active pharmaceutical ingredient (API) used in three of Gilead’s HIV drugs, specifically Emtriva, Truvada, and Atripla
According to a US Securities and Exchange Commission (SEC) filing German chemical company Evonik has supplied Gilead with emtricitabine since 2006.