Compounders Sue FDA Over Semaglutide Shortages
Drug compounding operations have filed suit against FDA in northern Texas federal court, seeking an order to reverse the agency decision last week to remove semaglutide (Novo Nordisk’s Wegovy and Ozempic) from the drug shortage list (see earlier story). “Arbitrarily dismissing evidence that the shortage persists, FDA removed semaglutide from the shortage list without notice-and-comment rulemaking, in contravention of its statutory directive, and without evidentiary support,” the Outsourcing Facilities Association’s complaint says. “Indeed, the agency confirmed that there remains a semaglutide shortage and that many patients cannot access semaglutide products.” It also argues that Novo Nordisk recently declared in an SEC filing that “supply constraints” and “drug shortage notifications” will continue into the foreseeable future.
The suit is also seeking an order to permanently and temporarily enjoin FDA from taking action against plaintiffs or their members for engaging in compounding of semaglutide.