Pharmaceutical Giant Brings Lawsuit Against “Semaglutide” Competitor
According to a report from The National Law Review, Novo Nordisk—the large pharmaceutical company that is based in Denmark—has filed a lawsuit against a competitor over the increasingly popular “semaglutide” weight loss drug. Among other things, Novo Nordisk alleges violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami FDUTPA attorney discusses the lawsuit in more detail.
Background: Semaglutide is an Increasingly-Demanded Weight Loss Drug
Semaglutide is a pharmaceutical drug that was originally developed to treat type 2 diabetes. Broadly speaking, the medication works by mimicking a hormone that targets areas of the brain involved in appetite regulation. It tends to lead to reduced hunger in many people. Clinical trials have shown significant weight loss in participants.
Novo Nordisk Makes and Sells Two of the Most Popular Semaglutide (Ozempic and Wegovy)
Novo Nordisk, a global healthcare company with headquarters in Denmark, produces two of the most popular semaglutide-based medications: Ozempic and Wegovy. Ozempic was initially approved for diabetes management. Wegovy was approved specifically for weight loss. Both of these medications use the active ingredient semaglutide. Thus far, the drugs have been a major commercial success for Novo Nordisk.
The Company is Suing a Pharmacy in Florida
Recently, Novo Nordisk filed a lawsuit against a company called Brooksville Pharmaceutical Inc., an independent pharmacy based in Hernando County, Florida. The federal lawsuit was filed in the United States District Court for the Middle District of Florida. Among other things, the lawsuit alleges that Brooksville Pharmaceutical is selling semaglutide-products that are not approved for sale by the Food and Drug Administration (FDA). The company contends that Brooksville Pharmaceutical’s commercial conduct constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
The Independent Pharmacy Moved to Dismiss the Lawsuit
Brooksville Pharmaceutical Inc. filed a motion to dismiss the FDUTPA claim. In its motion to dismiss, the independent pharmacy raised several different grounds, including a lack of standing by the plaintiff and that the plaintiff failed to meet the prime facie requirements of the FDUTPA.
Understanding the Florida Deceptive and Unfair Trade Practices Act
At its core, the FDUTPA is a state law that is designed to help ensure fairness in commercial markets in Florida. The statute prohibits companies from using unfair and deceptive practices in order to sell or market their products and services. The FDUTPA provides a legal framework for civil litigation. It allows private parties—both consumers and competing businesses—to file an unfair trade practices lawsuit to seek compensation for any actual damages sustained due to an improper commercial practice.
Contact Our Miami, FL FDUTPA Lawyer Today
At Pike & Lustig, LLP, our Miami commercial litigation attorneys are adept in handling unfair trade practices claims. If you have any questions about an FDUTPA case, we are more than happy to help you determine the best course of action. Contact us today to arrange a completely confidential case review. With an office in Miami, our firm handles FDUTPA cases throughout South Florida.