Settlement could make EpiPen cheaper, more accessible in New Mexico

SANTA FE, N.M. — A new settlement between the State of New Mexico and the maker of EpiPen is expected to make the EpiPen more accessible and affordable in the state.

Drugmaker Mylan, Inc., agreed to pay $2.25 million to the state. It’ll resolve claims that they engaged in unfair and anticompetitive practices related to its products that are used for emergency allergic reactions.

As a part of the settlement, the company doesn’t have to admit any wrongdoing to those practices. However, they will have to do the following:

• Increase copay coupons from $25 to $40.
  • People can get $40 off instead of $25.
• Donate 10,000 more EpiPens to the state for distribution.
  • 1,000 two-packs per year for five years, starting this year.
  • State will distribute as they see fit.
• Increase awareness of EpiPen’s school program and how to enroll.
  • Program provides free EpiPen devices to schools.
    • Participation in New Mexico is among the lowest in the nation.
      • Around 10% of schools participate.

“This settlement serves as an important protection for New Mexico consumers and families who depend on affordable access to life-saving epinephrine products,” said Attorney General Raúl Torrez. “The New Mexico Department of Justice will continue to fight for fair pricing and transparency in the pharmaceutical industry. We look forward to working with Mylan to raise public awareness of the relief this settlement provides.”

The State accused Mylan of violating consumer protection and antitrust statutes with its business and pricing practices. That includes general delay tactic, patent litigation strategies, marketing practices and pricing decisions.

The $2.25 million to settle those claims will go to the state to support investigation costs, programs, personnel, training and “urgent health care needs.”