Indiana Intellectual Property Law News
Premier Weight Loss, also known as Premier Weight Loss of Indiana, is facing a lawsuit from Eli Lilly and Company. The lawsuit claims Premier has been selling altered versions of Lilly’s FDA-approved drugs, MOUNJARO® and ZEPBOUND®. Lilly accuses Premier of repackaging these medications, removing them from their original packaging, and distributing them in third-party insulin syringes without proper labeling, patient instructions, or safety information. Lilly argues that these altered drugs are unsafe, as they lack essential information like batch numbers and expiration dates, and may not meet FDA-approved dosages or sterility standards.
Lilly points out that Premier’s practices, including splitting auto-injector pens into multiple doses, can result in inconsistent and potentially harmful concentrations. The company also says Premier’s marketing misleads consumers and healthcare providers into believing these altered products are authentic, when they are not. Premier’s use of Lilly’s trademarks in advertisements is also a violation of intellectual property laws, according to the lawsuit.
Lilly argues that these practices pose serious risks to patients, particularly those using the drugs to manage conditions like type 2 diabetes. They believe the unapproved alterations could lead to ineffective treatments or dangerous side effects. The lawsuit aims to stop the sale of these allegedly altered drugs and correct Premier’s supposed false advertising. Lilly is also seeking damages for the purported harm caused by Premier’s actions.
The complaint references video clips, allegedly from Premier, in which Mounjaro and Zepbound are purportedly referenced:
It should be noted that this is not the first case Lilly has brought against companies for using its MOUNJARO® and ZEPBOUND® trademarks in compounded medications. In Indiana alone, in 2024, Lilly filed legal complaints against more than six medical spas and wellness centers for selling altered versions of MOUNJARO® and ZEPBOUND®. While some of these cases are still in litigation, others have ended in settlement agreements that, among other conditions, prohibit the use of the MOUNJARO® and ZEPBOUND® trademarks on compounded medications.
The case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Tim A. Baker in the U.S. District Court of Southern Indiana Case No. 1:25-cv-00664-TWP-TAB.