Ozempic and Mounjaro’s Resolved Shortage Probed by Fifth Circuit

A three-judge panel on Monday mulled whether the FDA properly declared that Novo Nordisk A/S and Eli Lilly & Co.’s diabetes and obesity drugs are no longer in shortage, a critical move that restricted compounders from legally producing copycats of the blockbusters.

“This seems to be awfully impressionistic,” Judge Stuart Kyle Duncan of the US Court of Appeals for the Fifth Circuit said in a hearing. “I think we have to accept that there’s such a thing called rulemaking and there’s such a thing called adjudication.”

The court has to figure out what category to put them in, Duncan ...