In the summer and fall of 2023, certain pharmaceutical companies, such as Novo Nordisk (Ozempic, Wegovy, and Rybelsus) and Eli Lilly (Mounjaro), filed lawsuits across the country against medical spas and wellness centers, compounding facilities, and pharmacies that dispense drugs containing the active pharmaceutical ingredient semaglutide (Novo Nordisk) or tirzepatide (Eli Lilly). These drugs have become popular in the weight loss industry. This litigation garnered news and media coverage across the country.
One of our pharmacy clients in Florida was targeted by Eli Lilly in this widespread litigation. Our client’s operations complied with all applicable rules and regulations. However, Eli Lilly tried to use Florida’s unfair competition law to enforce its own interpretation of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301, et seq.) and Florida’s analogue.
After we filed our initial motion to dismiss Eli Lilly’s lawsuit, Eli Lilly was forced to amend its complaint — presumably to cure defects in its complaint that were illuminated by our motion. Undeterred, we again moved to dismiss Eli Lilly’s amended complaint. Namely, we argued that Eli Lilly lacked the authority to enforce the FDCA and could not co-opt Florida state law to do so.
On April 11, Eli Lilly voluntarily dismissed its lawsuit against our client, presumably because it realized that it inevitably would be dismissed based on our legal arguments and precedent within the jurisdiction.
Mohamed Nabulsi, Chair of the Healthcare Department, and partners Chris Zona and Michael Kivowitz spearheaded the defense in this matter. The case is Eli Lilly and Company v. Archangel Raphael LLC, case number 8:23-cv-02111, in the U.S. District Court for the Middle District of Florida.
If you have any questions, please contact Mohamed Nabulsi, Healthcare Chair, at mnabulsi@mblawfirm.com.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.