Frier Levitt is proud to announce a significant litigation win secured by Partner Matthew J. Modafferi, who successfully defended Brooksville Pharmaceuticals Inc. in a closely watched lawsuit brought by pharmaceutical giant Novo Nordisk over compounded versions of its blockbuster weight loss drugs, Ozempic® and Wegovy®.
In a ruling issued Monday, U.S. District Judge William F. Jung granted summary judgment in favor of Brooksville, finding that Novo Nordisk’s claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) were moot, preempted by federal law, and lacked merit. The court also found that Novo Nordisk failed to demonstrate any actual consumer harm—a key requirement under FDUTPA.
This case was one of several high-profile suits filed by Novo Nordisk to challenge the compounding of semaglutide products during the period in which Ozempic and Wegovy were on the FDA’s drug shortage list.
“This decision reaffirms the regulatory framework that governs pharmacy compounding and reinforces the protections in place for patient-specific formulations,” said Modafferi. “We are pleased with the Court’s thorough analysis and outcome.”
The case—Novo Nordisk Inc. v. Brooksville Pharmaceuticals Inc., Case No. 8:23-cv-01503—was heard in the U.S. District Court for the Middle District of Florida.
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