New York City – Pharmaceutical giant Eli Lilly is taking legal action against four telehealth companies for selling replica versions of its weight loss drug Zepbound and diabetes treatment Mounjaro. The lawsuits filed by Lilly allege that the companies, namely Mochi Health, Fella Health, Willow Health, and Henry Meds, have been deceiving consumers by offering untested and unapproved drugs, diverting them away from Lilly’s authorized medications. The companies are accused of mass-marketing altered versions of Lilly’s drugs to evade FDA regulations, with some even selling formulations that have not been adequately studied.
The shortage of Lilly’s diabetes drug Mounjaro in late 2022 led to pharmacies and compounding facilities producing the treatment through compounding. The surge in demand for these drugs online prompted people to seek alternative versions when faced with supply shortages or insurance coverage issues. The compounding of tirzepatide, the active ingredient in both Mounjaro and Zepbound, surged until the FDA declared the drug shortage over last month.
Despite the FDA’s declaration, certain pharmacies continued to produce slightly modified versions of these drugs to possibly avoid regulatory scrutiny. Earlier this month, Lilly filed lawsuits against two pharmacies for falsely advertising their products as personalized versions of clinically tested drugs made with strict safety measures. One of the telehealth platforms being sued, Mochi Health, had planned to continue selling compounded tirzepatide, banking on the belief that offering personalized treatments would shield them from legal consequences.
Lilly’s filing alleged that Mochi Health’s CEO, Myra Ahmad, who is not a licensed physician, exerted undue influence over prescribing decisions, engaging in the “unlawful corporate practice of medicine.” The lawsuit also targeted Fella Health for making sweeping decisions on patient care, like transitioning patients from one tirzepatide formulation to another with additives. Lilly is seeking legal action to halt the marketing and sale of tirzepatide by all four companies, a process that could take several months to resolve in court.
