On December 14, 2016, we shared the news that two former Heritage Pharmaceuticals (Heritage) executives had been charged by the U.S. Department of Justice in a generic drug pricing-fixing scheme—noting that the investigation was ongoing at both the state and federal levels and could touch dozens of other companies. That statement appears to be prescient, because on December 15, 2016, 20 state attorneys general have filed suit against multiple generic drug makers, accusing them of manipulating prices on two generic medications.

The suit, filed in Connecticut federal court, names Heritage Pharmaceuticals Inc., Aurobindo Pharma USA Inc., Mayne Pharma Inc. and Mylan Pharmaceuticals Inc. as part of a conspiracy to manipulate prices for the antibiotic doxycycline hyclate, and the diabetes drug glyburide. These are the same two drugs that are specifically named in the price-fixing accusations against former Heritage CEO Jeffrey Glazer and former President Janson Malek, as described in our prior alert.

The FisherBroyles Pharmacy and Health Care Law team will continue to follow the ongoing investigation and communicate updates as warranted. We welcome your questions. Please contact any one of the following attorneys:

Amy Butler, FisherBroyles Partner
Amy Butler
Cleveland (Toledo Branch), Chicago, Detroit Offices

Anthony Calamunci, FisherBroyles Partner
Anthony Calamunci
Cleveland (Toledo Branch), Chicago, Detroit and New York Offices

Brian Dickerson, FisherBroyles Partner
Brian E. Dickerson
Naples and Washington D.C. Offices

Nicole Waid, FisherBroyles Partner
Nicole Hughes Waid
Naples and Washington D.C. Offices

Katy Wane, FisherBroyles Partner
Katy Wane
Cincinnati Office