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Kansas Federal Judge Rules EpiPen Class Action Can Move Forward

March 6, 2020

A Kansas federal judge has certified two classes in an antitrust suit against Pfizer and Mylan over an alleged scheme to raise the price of EpiPen (epinephrine injection USP).

The drugmakers were sued in the U.S. District Court for the District of Kansas in 2017, alleging they engaged in “an illegal scheme to monopolize the market” for the treatment, which artificially raised the prices for consumers. The suit further alleges that the companies conspired to delay market entry from competitors with lower-cost products.

The suit alleges that the price of EpiPen increased by more than 600 percent under Mylan’s ownership, which led to both consumer protests and Congressional scrutiny.

Judge Daniel Crabtree certified a class of purchasers for nationwide claims and a separate class of purchasers based on individual claims.

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