Texas Court Gives FDA Win in Compounding Enforcement
A Northern Texas federal judge has denied a preliminary injunction sought by industry trade group Outsourcing Facilities Association to delay FDA enforcement actions against compounding pharmacies that make copies of Novo Nordisk’s weight-loss drug Wegovy (semaglutide) and the diabetes medication Ozempic (semaglutide).
FDA earlier allowed compounding pharmacies to sell copies of the drugs when the medications were in short supply. In February, the agency rescinded this exception after declaring the shortage over, and set deadlines for enforcement action against pharmacies that compounded Novo Nordisk’s drug.
“We are pleased the court has rejected the compounders’ attempts to undermine FDA’s data-based decision that the shortage of Wegovy and Ozempic is resolved,” the company said in reaction to the court’s decision, which was sealed and not publicly available at press time.
Outsourcing Facilities Association said its organization is “deeply disappointed” the court failed to consider "clear and convincing evidence" that existing supply of semaglutide doesn't meet consumers' demand. “We look forward to the opportunity to introduce this evidence again through the legal process and in discussions with the FDA,” it said. "We will not stop in our efforts to ensure that patients can get access to this vital medication.”
In 12/2024, FDA issued a similar declaration that Eli Lilly’s weight loss and diabetes medication tirzepatide, sold under the brand names Mounjaro and Zepbound, was no longer in short supply. The Outsourcing Facilities Association subsequently failed in its bid to gain a preliminary injunction to continue marketing compounded tirzepatide.