Attorney General Kwame Raoul announced on May 26 an $8.25 million settlement with Mylan Inc., the company that sells the EpiPen, resolving concerns about alleged anticompetitive conduct related to EpiPen products. Raoul said Mylan’s actions led Illinois to pay excess amounts for EpiPens purchased through its Medicaid and employee health benefits programs.
Most of the recovered funds will be distributed between the Illinois Department of Healthcare and Family Services for Medicaid purchases and the Illinois Department of Central Management Services for employee health benefits programs. “I am proud of my office’s work to hold pharmaceutical companies accountable for engaging in business practices that result in Illinoisians paying more money for the prescription medication they need,” Raoul said. “I am committed to stopping unlawful and unfair tactics that fuel health care inequity in Illinois and around the country.”
Elizabeth M. Whitehorn, Director of Healthcare and Family Services, said, “Affordable access to medication can be lifesaving and is critical for both Medicaid recipients and the hardworking employees of our state. HFS would like to thank Attorney General Raoul and his staff for their work on this matter, and for helping us continue to promote equitable healthcare for all state residents through the management of medication costs.”
The investigation by Raoul’s office in 2023 examined allegations that Mylan monopolized the epinephrine auto-injector market using several tactics: increasing prices, delaying generic versions, requiring consumers to buy two-packs instead of single pens, issuing misleading advertisements about competing products, and contracting with third-party pharmacy benefit managers to block competitors.
In addition to paying $8.25 million, Mylan agreed to increase its copay coupon from $25 to $40 on its authorized generic version of EpiPen in order to lower out-of-pocket costs for consumers.
This agreement follows previous actions by Raoul against pharmaceutical companies regarding prescription drug pricing practices. In February, he joined a bipartisan coalition announcing settlements totaling $17.85 million with Lannett Company Inc., Bausch Health US LLC, and Bausch Health Americas Inc., addressing allegations concerning price inflation conspiracies involving generic drugs. In 2024, further settlements included a $39.1 million agreement with Apotex and a $10 million agreement with Heritage Pharmaceuticals over similar claims.
The Illinois Attorney General advocated for vulnerable groups including workers, immigrants and seniors; handled thousands of consumer complaints each year; aimed to protect consumers; promoted safer communities; advocated on environmental issues; extended advocacy efforts statewide; partnered with law enforcement; supported crime victims; promoted open government; offered services such as complaint filing—all according to, the official website.
