FTC Targets Novo Nordisk’s Bogus Patents Artificially Inflating Ozempic Prices

Editor’s note: The FTC recently issued a warning letter to Novo Nordisk regarding their improperly filed patents, along with the agency’s chosen remedy: 

“On September 14, 2023, the Federal Trade Commission (“FTC”) issued a Statement Concerning Brand Drug Manufacturers’ Improper Listing of Patents in the Orange Book.0F 1 The Policy Statement, a copy of which is appended to this letter, highlights the negative impacts that improper Orange Book patent listings may have on drug competition and notifies market participants “that the FTC intends to scrutinize [such] improper listings as unfair methods of competition in violation of Section 5 of the Federal Trade Commission Act.”1F 2 This letter is to inform you that we believe certain patents have been improperly or inaccurately listed in the Orange Book with regard to Novo Nordisk Inc.’s Ozempic, Saxenda, and Victoza products and that we have availed ourselves of the FDA’s regulatory process and submitted patent listing dispute communications to the FDA regarding the listings identified below.

WASHINGTON, April 30 — Sen. Bernie Sanders (I-Vt.), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, today released the following statement after Federal Trade Commission (FTC) Chair Lina Khan announced that the FTC is taking action against the bogus patents Novo Nordisk filed to keep the outrageous price of Ozempic artificially high:

Let me commend the Federal Trade Commission, under the leadership of Chair Lina Khan, for taking bold action today against the bogus patents Novo Nordisk has filed to prevent Americans struggling with diabetes from receiving a generic version of Ozempic at a much lower price.

Novo Nordisk must not be allowed to make billions in profits by delaying generic competition for Ozempic by unlawfully filing junk patents that have nothing to do with the drug itself, but the injection pen.

Last week, the HELP Committee, that I chair, launched an investigation into the outrageously high prices Novo Nordisk is charging for Ozempic and Wegovy in the United States. In my view, we can no longer tolerate Novo Nordisk charging the American people $969 for Ozempic when that same exact drug can be purchased for just $155 in Canada and $59 in Germany while it costs less than $5 to manufacture.

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I look forward to working with the Biden administration to take on the greed of Novo Nordisk and substantially reduce the price of Ozempic and other prescription drugs.

Banner Image: Weight loss. Image Credit – Diana Polekhina

Senator Bernie Sanders

Bernie Sanders is serving his third term in the U.S. Senate after winning re-election in 2018. His previous 16 years in the House of Representatives make him the longest serving independent member of Congress in American history.