Colorado Judge Petitioned by Teva to Reject Motion to Dismiss Epi-Pen Lawsuit

Teva Pharmaceuticals has asked a Colorado federal judge to keep alive its lawsuit challenging the state’s epinephrine auto-injector (epi-pen) affordability program as unconstitutional, arguing that suing in state court for compensation is not reasonable under the circumstances.

In its Dec. 6 filing in the U.S. District Court for the District of Colorado, Teva made clear its opposition to a motion to dismiss filed by Colorado Attorney General Philip Weiser, asserting that the state’s procedural objections are baseless and that the company is entitled to injunctive relief and compensation due to damages incurred by a new state law.

That law, slated to take effect Jan. 1, 2024, requires Colorado health insurers to cap the total amount a person is required to pay for an epi-pen at $60 for a two-pack of injectors. Neither Teva nor the Colorado attorney general’s office could be reached for comment.

Read Teva’s latest court filing here.

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