European Court Bans Sales of Pendulum Biotic Products
The provisional ban affects eight European countries, disrupting access to specific metabolic supplements.
Updated on Oct. 28, 2026 in Life Sciences
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The European Patent Court has issued a provisional ban blocking Pendulum from selling specific biotic products in eight European nations. The injunction follows an infringement claim by Caelus Life Sciences and Amsterdam UMC, which hold the patent regarding the treatment of insulin resistance.
Why it matters
This legal action creates immediate market uncertainty for consumers of microbiome-based metabolic health supplements. It signals a tightening of intellectual property enforcement in the rapidly growing biotic therapeutics sector.
The dispute centers on patent EP2753187, which covers methods for treating insulin resistance using specific bacterial strains. This patent was previously upheld in an amended form by the European Patent Office in February 2025.
The players
Pendulum
A biotech company that specializes in microbiome research and commercializes synbiotic supplements for metabolic health.
Caelus Life Sciences
A Dutch biotech firm focused on developing microbiome-based therapeutic solutions for metabolic diseases.
Amsterdam UMC
A prominent Dutch medical research center that conducts clinical studies on the human microbiome and metabolic disorders.
The details
The litigation targets the use of specific anaerobic bacteria in metabolic health products, including Pendulum's Metabolic Daily and Glucose Control lines. The court evaluated the technical specifications of the bacterial strains against the claims held by Caelus Life Sciences and Amsterdam UMC. To maintain the injunction, claimants must initiate a full main legal action within a 31-day window.
Timeline
February 2025: The European Patent Office maintained patent EP2753187 in amended form.
July 2026: Anaerobutyricum soehngenii CH106 received a positive safety opinion from the EFSA.
October 28, 2026: The European Patent Court issued the provisional sales ban.
The Tech Race
The dispute highlights the escalating competition to commoditize specific bacterial strains for metabolic therapy. This case follows the 2025 European Patent Office maintenance of patent EP2753187, which defined the scope of protected therapeutic methods.
Retailers including iHerb Netherlands and DetoxPeople are subject to the ban, which limits availability of Metabolic Daily and Glucose Control products in the affected region. Customers in these markets should anticipate potential disruptions in supply as the legal appeal proceeds.
The takeaway
This case illustrates the growing legal risks for companies scaling microbiome-based wellness products. Watch for the filing of the main action within 31 days, which will determine the long-term viability of these products in European markets.
Further reading
For broader updates on the regulatory landscape for microbial therapeutics, visit our section on Life Sciences.
Source note: This article includes information reported by NutraIngredients.
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