Earlier this week, U.S. District Judge Roy Altman dismissed a lawsuit filed by Eli Lilly against compounding pharmacy RXCompoundStore.com, concluding the case with prejudice.
The ruling, issued on Tuesday, prevents Lilly from refiling the same claim against the compounding pharmacy. Eli Lilly had initiated legal action, asserting that RXCompoundStore.com was violating Florida’s Drug and Cosmetic Act and the Florida Deceptive and Unfair Trade Practices Act by selling compounded versions of tirzepatide, a substance used in Lilly’s FDA-approved medications for diabetes and weight management. The company argued that these compounded drugs were not approved by the FDA and could endanger consumer safety.
In his decision, Judge Altman pointed out that Eli Lilly was attempting to use state laws to enforce federal regulations, which is the responsibility of the FDA. According to the judge, the enforcement of the Federal Food, Drug, and Cosmetic Act falls almost exclusively under federal authority, not to be enacted through state law by private companies.
This case is part of ongoing legal issues between large pharma companies and compounding pharmacies over the sale of non-FDA approved drug modifications. Recently, Novo Nordisk has filed legal complaints against compounding pharmacies for selling altered versions of semaglutide, a key ingredient in Ozempic and Wegovy.
