Insulin Price-Fixing Antitrust Litigation (Eli Lilly, Novo Nordisk, Sanofi)
Case Overview
Insulin prices in the United States rose by over 1,000% between 1996 and 2019, despite no significant changes in the underlying formulations. Plaintiffs allege that Eli Lilly, Novo Nordisk, and Sanofi — which together control approximately 90% of the U.S. insulin market — engaged in a coordinated scheme to artificially inflate list prices while offering large rebates to pharmacy benefit managers (PBMs) such as Express Scripts, CVS Caremark, and OptumRx. This system allegedly excluded lower-cost competitors from formularies while leaving patients, especially the uninsured or underinsured, paying full list price. The complaint asserts violations of the Sherman Antitrust Act and various state consumer protection statutes.
The litigation has gained significant momentum alongside Congressional investigations and state attorney general actions targeting insulin pricing practices. Separately, all three manufacturers have announced voluntary $35/month insulin price caps for certain patients under political pressure, but plaintiffs argue these measures do not address the historical harm caused by the pricing scheme. The New Jersey MDL consolidates dozens of individual and class action cases, and discovery is ongoing. Several states have also filed independent suits, and the case is widely regarded as one of the most consequential pharmaceutical antitrust actions in recent years.
Who May Qualify
U.S. residents who are insulin-dependent diabetics and purchased Humalog, Lantus, Basaglar, Victoza, Levemir, Novolog, Toujeo, Admelog, or other brand-name insulin products at artificially inflated prices between approximately 2009 and the present, particularly those who were uninsured or paid out-of-pocket or high co-pays, may qualify to join the litigation.
Frequently Asked Questions
Can I sue insulin manufacturers for overcharging me?
Potentially, yes. If you purchased brand-name insulin and paid inflated out-of-pocket costs, you may have a claim as part of the ongoing antitrust class action against Eli Lilly, Novo Nordisk, and Sanofi. An attorney specializing in pharmaceutical antitrust litigation can evaluate your eligibility.
Why did insulin prices get so high in the U.S.?
Lawsuits allege that the three dominant insulin manufacturers artificially coordinated price increases over two decades and used large rebate payments to pharmacy benefit managers to keep cheaper alternatives off insurance formularies, leaving patients — particularly the uninsured — bearing the full cost of inflated list prices.
Did insulin companies already settle these lawsuits?
As of 2025, the primary federal MDL in New Jersey remains active with discovery ongoing. However, Eli Lilly, Novo Nordisk, and Sanofi have all separately announced voluntary $35/month price caps and some have settled related state attorney general actions, though comprehensive litigation resolution has not yet been reached.