Attorney General Jeff Jackson announced on April 30 an $11 million settlement with Mylan over allegations of anti-competitive practices related to the pricing of EpiPen auto-injectors. The agreement will result in refunds for Medicaid and the State Health Plan, which covers more than 750,000 teachers, troopers, state employees, retirees, and their families.
The case matters because it addresses concerns about affordable access to life-saving medications and the financial impact on state healthcare programs. According to the official website, the North Carolina State Executive Attorney General aims to prevent crime, assist law enforcement, protect consumers and defend state residents’ rights according to the official website.
Jackson said: “They used their control of the market to keep competitors out and drive the price up. That’s not legal. We made them pay it back.” Treasurer Brad Briner added: “To have our hardworking state employees and taxpayers across North Carolina be overcharged for a lifesaving drug is unconscionable. Every little bit helps when it comes to funding for our State Health Plan, and efforts like this one keep us on the right track toward controlling healthcare costs for our members.”
Dr. Austin Lucke commented: “People with life-threatening allergies need the medications that will save their lives – and for most people, that’s an auto injector. Affordable access to this medication can be lifesaving. The inability to afford it can be fatal, particularly in our most vulnerable, including pediatric populations.” Kenneth Mendez said: “Affordable access to medications is the top concern we hear from our community. Whether at the state or federal level, we support reforms that address practices in this system that create artificially high prices. We commend Attorney General Jackson and Treasurer Briner for taking action on behalf of patients and the taxpayers who fund their care.”
The settlement resolves claims that Mylan paid pharmacy benefit managers to limit generic competition on preferred drug lists; delayed generic competitors from entering the market; made misleading statements about rival products; misclassified EpiPen under Medicaid rebate rules; and forced consumers into buying two-packs they did not always need.
As part of its terms with North Carolina authorities—which extend services across all parts of North Carolina according to its official website—Mylan agreed to increase its co-pay coupon for authorized generic EpiPens from $25 to $40 in order to lower out-of-pocket costs while denying any wrongdoing.
This settlement continues Jackson’s work addressing prescription drug prices as head of the Attorney General’s office according to its official website. Earlier this year he reached settlements totaling $17.85 million with Lannett and Bausch regarding alleged price-fixing among generics manufacturers.
The Attorney General’s office acts as a government entity authorized by law according to its official website, providing services such as legal representation for state agencies—including prosecuting criminal appeals—and consumer protection support as reported by its official site.
