Lawsuit Accuses Novo Nordisk of Delaying First-Gen GLP-1 Generics

A new federal lawsuit alleges that Novo Nordisk used anticompetitive strategies to delay generic competition for its diabetes drug Victoza.

A South Carolina–based drug wholesaler, Smith Drug Co., has filed a proposed class action lawsuit in the U.S. District Court for the Eastern District of New York, accusing Novo Nordisk of illegally maintaining a monopoly over its GLP‑1 drug Victoza. Key complaints:

• Pay‑for‑delay arrangement: Smith Drug alleges Novo Nordisk entered a 2019 settlement with Teva Pharmaceuticals that delayed generic Victoza’s entry into the U.S. market.
• Delayed generic launch: According to the filing, a generic version could have been available in 2023, but Teva did not launch its generic until 2024.
• Patent misuse claims: The complaint argues that Novo misused its patents to block competition and maintain high pricing. 

Victoza generated more than $5 billion in U.S. sales in 2018, though revenues have since declined as Ozempic became Novo’s flagship GLP‑1 product.