HARRISBURG — Attorney General Dave Sunday announced a lawsuit against several pharmaceutical companies and pharmacy benefit managers (PBMs) regarding collusion to manipulate insulin price markets, increasing out-of-pocket costs for Pennsylvanians.
The Office of Attorney General’s Antitrust Section filed a complaint in the Commonwealth Court this week alleging violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and unjust enrichment and civil conspiracy.
Named as defendants are pharmaceutical manufacturers Eli Lilly and Company, Novo Nordisk Inc., and Sanofi-Aventis US LLC, and numerous PBMs, including Express Scripts, CVS Caremark, and Optum RX.
The lawsuit alleges the parties conspired to artificially inflate insulin prices by more than 1,000 percent.
“Millions of Pennsylvanians have diabetes or prediabetes and they were all potentially harmed by this scheme to artificially inflate pricing to maximize company profits,” Attorney General Sunday said. “Our Antitrust Section will continue to hold accountable companies, large and small, that prioritize profits over public access to affordable life-saving medication and care.”
Approximately 1.3 million Pennsylvanians are living with diabetes, and an additional 3.5 million more have prediabetes. Diagnosed diabetes costs Pennsylvania an estimated $16.4 billion each year.
The lawsuit alleges that the manufacturers and PBMs engaged in deceptive market practices to create abnormally high prices. The complaint seeks injunctive relief that would require structural changes to ensure the companies lower costs to fair market prices and enable options for patients.
In addition to injunctive relief, the complaint seeks restitution for Pennsylvanians who were harmed by the conduct, as well as civil penalties and costs.
Read the full complaint HERE.
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