This was great to see: The US District Court for the Middle District of Florida dismissed Novo Nordisk’s lawsuit against Live Well Drugstore. Novo claimed that Live Well’s semaglutide was adulterated, and that selling it violated Florida’s Deceptive and Unfair Trade Practices Act. The court ruled, though, that the Food, Drug, and Cosmetic Act preempted the DUTPA. (APC had filed an amicus brief in the case, which the court considered.)
This is a big win on its own, but the decision is also good news for another case in which we’ve filed an amicus brief: Zyla Life Science v. Wells Pharma of Houston, currently pending before the 5th Circuit. Of course Wells’s attorneys informed the 5th Circuit of the Novo decision, which is not only germane to the case, it’s an indication that courts are increasingly siding with compounding pharmacies in these lawsuits.
The 5th Circuit heard oral arguments in Zyla back in September 2024, so hopefully this will spur the court into action and we’ll get a decision soon.
By the way, those APC amicus briefs were made possible by our Legal Action Fund. You can get more info about that fund — and support it — here.