Novo Nordisk sues Minnesota clinic over counterfeit weight loss drugs

U.S. patent law grants manufacturers exclusive periods to produce and sell their drugs, allowing them to recoup the significant costs of drug research and development. However, pharmacies that manufacture drugs themselves are permitted to produce comparable versions under certain circumstances when the brand-name drugs are in short supply.

The FDA has placed both Novo's Ozempic and Wegovy on its federal shortage list, even though only one dosage of the injectable drug is currently restricted. Eli Lilly's competing weight-loss drugs Mounjaro and Zepbound are also on the shortage list, largely due to overwhelming demand.

The latest lawsuit is similar to one settled in July by Renew MedSpa, a clinic in Eagan that compared its combination weight-loss options to Lilly's brand-name drugs. MedSpa agreed to post on its website for a year that its options are neither FDA-approved nor related to Lilly's drugs.

Obesity has become a chronic health problem in the United States for half a century, as a lack of exercise and processed foods make it harder to maintain a healthy weight. Minnesota has one of the lowest obesity rates in the country, and yet 34% of adults report being obese. The condition is defined by a body mass index of 30 or more, which equates to a weight of at least 203 pounds for a typical 5-foot-10 man and 174 pounds for a 5-foot-4 woman.

GLP-1 drugs offered a lifeline to people battling obesity, giving manufacturers like Novo a windfall that almost single-handedly boosted the growth of Denmark's economy last year. Celebrity endorsements and social media posts boosted interest in the drugs, as did studies showing that people taking semaglutide could lose 15 percent or more of their body weight.

But the high cost of the drugs – Wegovy costs about $1,300 a month without discounts or insurance coverage – is a problem for patients and insurers. Some employers in Minnesota have reduced or even stopped covering the drugs due to the rising costs for their health plans.