State AGs Pen EpiPen Settlements With Mylan

Cozen O'Connor
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Cozen O'Connor

  • Maryland AG Anthony Brown and North Carolina AG Jeff Jackson announced separate settlements with Mylan resolving allegations that the company used anticompetitive tactics to maintain EpiPen’s market dominance and drive up prices for the life-saving allergy medication.
  • According to the AGs’ offices, Mylan allegedly suppressed generic competition through exclusionary contracts with pharmacy benefit managers, delayed lower-cost competitors, made misleading or unfounded claims about competing products, and required consumers to buy two-packs they did not always need.
  • North Carolina’s settlement also resolves allegations that Mylan misclassified EpiPen under the Medicaid Drug Rebate Program.
  • Under the settlements, Maryland received $4.5 million and North Carolina received $11 million; Mylan also agreed to increase its co-pay coupon for the authorized generic version of EpiPen from $25 to $40.

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