Many providers, medical weight loss clinics and med spas were surprised when Novo Nordisk filed suit against a few medical spas, wellness clinics and compounding pharmacies alleging false advertising, trademark infringement and unlawful sales of compounded versions of Ozempic and Wegovy, Novo Nordisk’s branded diabetes and weight loss drugs. The suits allege certain defendants are falsely claiming to be prescribing the branded Novo Nordisk drugs, when in fact they are using compounded versions obtained from compounding pharmacies.
I Don’t Want to be Sued; What Should I Do?
The FDA has approved use of compounded semaglutide for so long as Ozempic and Wegovy remain on the FDA’s drug shortages list. The most important thing for providers and weight loss clinics to do is to stay in compliance with this FDA advisory – https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/medications-containing-semaglutide-marketed-type-2-diabetes-or-weight-loss
- Providers may obtain semaglutide from a compounding pharmacy for as long as Ozempic and Wegovy are on the FDA drug shortages list.
- Providers should ensure their compounding pharmacy is using the base form of semaglutide base and not salt forms.
- Be truthful with your patients. Tell them there is a shortage of the branded drug, and that you have an agreement with your compounding pharmacy for semaglutide which uses the base form of semaglutide.
- Do not make any false statements in your advertising. Do not use name brands if you are not indeed providing the name brands.
If you have any questions or concerns about your practice’s marketing or prescribing of semaglutide or similar drugs, reach out to 1818 today for a consultation.
