Two Florida courts have granted Novo Nordisk a legal win against wellness clinics and compounding pharmacies that marketed fake or modified versions of its popular weight-loss drug semaglutide. Judge Beth Bloom from a Miami court issued a lasting order against Ekzotika Corporation, demanding they cease use of Novo’s trademarks for any reason, including in advertisements or the implication that their altered drugs are genuine semaglutide or have FDA approval.
Ekzotika must also “prominently disclose” in any marketing or promotional materials that their compounded products lack FDA approval or review. A similar ruling was provided by Senior Judge William Stafford against Effinger Health, he permanently stopped Effinger from promoting or implying that any of its unapproved compounded products are genuine, therapeutic, or in any way associated with Novo. Effinger must also inform its customers that none of its mixed products meet the FDA’s safety, efficacy, and quality standards.
The judges concurred in both rulings that, without Novo Nordisk’s approval, the defendants deceptively suggested their products were “genuine Novo Nordisk, semaglutide-based medicines, and achieve or have demonstrated certain clinical or therapeutic effects.”
Both Ekzotika and Effinger have approached confidential settlements with Novo, and the judges did not include awards in their respective decisions. Novo first embarked on its fight against counterfeit and compounded products in June 2023, lodging multiple lawsuits against medical spas and weight-loss clinics, accusing them of deceptively marketing compounded or knockoff versions of semaglutide. Novo stated at the time these “illegal marketing and sales methods” posed a “high risk of customer confusion and deception and potential safety issues.”
Semaglutide is part of a compound treatment class known as GLP-1 receptor agonists, which copy the GLP-1 hormone to trigger the pancreas to release insulin in response to blood glucose. These medicines, particularly Novo’s Ozempic and Wegovy, have stormed the industry, indicated for treatment of type 2 diabetes and weight management respectively.
There’s a global shortage of GLP-1 receptor agonists, leading to an influx of counterfeit products. Last month, the World Health Organization released a warning regarding these counterfeit products, which can cause toxic reactions in patients.
