Florida Attorney General James Uthmeier has filed a lawsuit against several of the nation’s largest insulin manufacturers and pharmacy benefit managers, alleging they participated in a pricing system that increased costs for Florida patients.
The lawsuit names insulin manufacturers Eli Lilly, Novo Nordisk and Sanofi, along with pharmacy benefit managers CVS Caremark, Express Scripts and OptumRx. Rebate aggregators Zinc, Ascent and Emisar are also named as defendants.
The complaint, filed in Florida’s Eleventh Judicial Circuit, alleges the companies helped drive up published list prices for insulin and other diabetes medications while manufacturers paid rebates and fees to pharmacy benefit managers in exchange for preferred placement on prescription drug formularies.
“These companies told Florida families they were working to make insulin affordable,” Uthmeier said. “Instead, they inflated the sticker price of a medicine people cannot live without and left Florida patients to pay it.”
According to the Attorney General’s Office, insulin prices can differ significantly between the published list price and the net amount manufacturers receive after rebates and discounts.
The lawsuit alleges that some uninsured patients, people who have not met their insurance deductibles and patients whose plans require percentage-based coinsurance can face costs tied to the higher list price rather than the discounted net price.
Approximately 2.3 million Florida adults have been diagnosed with diabetes, according to figures cited by the Attorney General’s Office.
The complaint points to testimony from a Lilly executive who said that, from a roughly $280 list price for a vial of Humalog, approximately $210 could be returned through rebates and discounts associated with pharmacy benefit managers.
The lawsuit also includes allegations involving several GLP-1 and combination diabetes medications, including Ozempic, Trulicity, Victoza and Soliqua.
State Rep. Danny Alvarez, R-Riverview, praised the legal action and said the lawsuit could help determine whether Florida patients were harmed by the companies’ pricing practices.
“Florida families deserve to be treated fairly, especially our most vulnerable residents,” Alvarez said.
The lawsuit includes two counts under the Florida Deceptive and Unfair Trade Practices Act and one count under the Florida Antitrust Act.
The Attorney General’s Office is seeking a permanent injunction along with restitution, disgorgement of allegedly improper profits, damages, civil penalties and other relief.
The allegations have not been adjudicated, and the defendants will have an opportunity to respond to the claims in court.
