Eli Lilly files lawsuit against four telehealth platforms marketing compounded Zepbound and Mounjaro.

An injection pen of Zepbound, Eli Lilly’s weight loss drug, is displayed in New York City on Dec. 11, 2023. Brendan McDermid | Reuters. Eli Lilly is taking legal action against four telehealth companies that are selling compounded versions of the pharmaceutical giant’s weight loss drug Zepbound and its diabetes treatment Mounjaro, marking the company’s latest effort to address the growing market of copycat drugs.

In lawsuits filed Wednesday, Lilly accuses the companies — Mochi Health, Fella Health, Willow Health, and Henry Meds — of misleading consumers about “untested, unapproved drugs” and diverting them from Lilly’s established medicines. Lilly claims these companies assert that they provide personalized options when, in fact, they are mass-marketing slightly altered versions of Lilly’s drugs to evade FDA regulations. Additionally, Lilly alleges that some of these sites are offering formulations of the drugs that have not undergone proper study, including oral tablets and drops.

The companies involved did not immediately respond to requests for comment. Lilly’s diabetes drug Mounjaro faced a short supply in late 2022, prompting pharmacies and outsourcing facilities to engage in compounding. Novo Nordisk’s weight loss drug Wegovy also experienced shortages, leading to an increased availability of compounded GLP-1s.

This market thrived online, with consumers seeking alternatives when brand names were inaccessible or not covered by insurance. Mass compounding of tirzepatide, the active ingredient in Mounjaro and Zepbound, was expected to cease last month after the Food and Drug Administration announced the drugs’ shortages had ended; however, some pharmacies continued the practice, producing versions that slightly differ from the brand names to potentially avoid FDA scrutiny.

Earlier this month, Lilly took legal action against two pharmacies, alleging they falsely marketed their products as personalized formulations that had undergone clinical testing and adhered to strict safety standards. One telehealth platform, Mochi Health, expressed intentions to persist in selling compounded versions of tirzepatide, hoping that its personalized treatments would mitigate legal challenges. Mochi CEO Myra Ahmad previously stated she was not concerned about potential legal repercussions, emphasizing the established patient-physician relationships her prescribers maintain, and the autonomy physicians have in deciding on the best patient care.

In its recent filing, Lilly claimed that Ahmad is not a licensed physician, asserting that Mochi and its “unlicensed owners exercise undue influence and control over, among other things, the prescribing decisions of physicians,” thus participating in the “unlawful corporate practice of medicine.” A similar allegation was made against Fella Health, where Lilly accused the company of implementing “sweeping corporate decisions that dictate patient care,” such as transitioning patients en masse from one tirzepatide formulation to another with additives.

In all four cases, Lilly seeks to prohibit the companies from marketing or selling tirzepatide. However, it may take months, or potentially longer, for these cases to progress through the legal system.