Humana’s Glumetza Suit Against Bausch Is Trimmed, Criticized

Humana Inc. can proceed with federal antitrust claims over “grotesque price hikes” involving the Bausch Health Cos. diabetes drug Glumetza, but its state law claims have jurisdictional fatal flaws, a federal judge in San Francisco ruled.

Although “the complaint alleges ‘purchases’ in every state,” it just shows “Humana exchanging the drug with itself,” Judge William Alsup wrote. “A plaintiff cannot purchase a product in one state, walk across the border to another, and exchange the product and money from her right hand to her left hand” to establish standing, Alsup said.

In addition to Bausch, the lawsuit—consolidated with a parallel ...