Ozempic Maker’s Claims Against Pharmacy Preempted, Fla. Federal Judge Rules
November 13, 2023
TAMPA, Fla. – A Florida federal judge has dismissed without prejudice a lawsuit in which Ozempic maker Novo Nordisk Inc. accuses a compounding pharmacy of unlawfully selling semaglutide-containing drugs, ruling the claims are preempted as pled.
In a Nov. 8 order, Judge William F. Jung of the U.S. District Court for the Middle District of Florida explained that the claims seek to impermissibly enforce the Food, Drug and Cosmetic Act, and that the complaint does not allege conduct that would give rise to liability in absence of the Act.
Novo Nordisk manufactures and sells semaglutide-containing drugs Wegovy, Ozempic and Rybelsus, …