Mylan Sued in Alabama Over Purportedly Illegal EpiPen Pricing Scheme

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Mylan Pharmaceuticals, Inc. and Mylan Specialty, L.P. are facing another proposed class action – this time filed in Alabama – alleging that they charged consumers unlawfully high prices for their EpiPen products. The complaint claims that the makers of EpiPen discouraged and prevented potential competitors from entering the market by engaging them in litigation and delaying the process of having their generic alternatives to EpiPen approved. The suit further argues that the defendants bribed pharmacy benefit managers to reject cheaper alternatives from the options offered to customers and to recommend EpiPen products.

The complaint notes that EpiPen prices have increased from about $57 in 2007 to more than $600 for a two-pack (as Mylan no longer offers single EpiPens in the United States) by September 2016. The plaintiff argues that consumers are medically dependent on these life-saving devices and are forced to pay the highly inflated prices that Mylan offers them as a result of its anti-competitive scheme.

The suit seeks to cover anyone who has purchased, for personal or household use, one of the following products in the state of Alabama between July 21, 2012 and the date of judgment in this action:

Editor's Note: The complaint states in error that this lawsuit was filed in California. Please note that the suit was actually filed in Alabama.