Dispute escalates! Novo Nordisk (NVO.US) sues Hims & Hers (HIMS.US) to further crack down on counterfeit weight loss drugs

Novo Nordisk (NVO.US) announced it will sue Hims & Hers (HIMS.US), accusing them of manufacturing counterfeit versions of Novo Nordisk’s weight loss medications. Meanwhile, Hims & Hers has abandoned plans to sell a counterfeit version of Wegovy. On Monday, Novo Nordisk claimed that Hims infringed on its semaglutide patent in the United States, which is the active ingredient in blockbuster drugs like Ozempic and Wegovy. Novo Nordisk also stated that Hims’ competing products could pose potential risks to consumers.

Last Thursday, Hims announced the launch of this combination weight loss drug, triggering strong reactions from Novo Nordisk and regulatory agencies. Although the telemedicine platform Hims agreed to cease offering the treatment last Saturday, the lawsuit filed in the U.S. marks an escalation in the dispute between Novo Nordisk and Hims.

John Kuckelman, Chief Legal Counsel of Novo Nordisk, said in an interview that Hims’ decision to launch a counterfeit Wegovy pill was “outrageous,” and that “last week’s announcement was infuriating and definitely a turning point.”

The two companies terminated their partnership last year, and relations have since deteriorated. Novo Nordisk stated that its manufacturing processes comply with the U.S. Food and Drug Administration (FDA) requirements and follow strict safety controls, which are entirely different from Hims’ products.

In a statement, Novo Nordisk said, “Hims has engaged in a series of promotional activities that focus on their combination products, deceiving consumers and healthcare professionals into believing these unapproved drugs have clinical efficacy and safety.” The company believes these counterfeit products are “endangering patients’ health and well-being.”

Novo Nordisk announced that it has filed a lawsuit in Delaware, alleging that Hims’ products, including its weight loss injections, are formulations of semaglutide and thus infringe on its patent.

The company argues that Hims was aware of the patent and has been infringing since 2024. It is seeking damages, including what Kuckelman described as “reasonable patent fees” and lost profits. Novo Nordisk stated it sent a letter to Hims on February 8, pointing out the infringement and demanding that the telemedicine company cease production of the related products.

This lawsuit comes after a tumultuous week for Novo Nordisk. The company first issued a bleak annual sales forecast contrasting sharply with its competitor Eli Lilly (LLY.US), and then reports emerged that Hims was selling cheap generic versions of its key drug Wegovy, which severely impacted Novo Nordisk’s stock price.

Over the weekend, due to threats from the U.S. government, Hims abandoned the plan. However, this decision did not prevent Novo Nordisk from filing suit, which covers not only oral medications but also all uses of semaglutide in injectable form.

For years, Novo Nordisk and Eli Lilly, both producers of major GLP-1 drugs, have complained that the FDA has not done enough to curb the flood of cheap counterfeit weight loss drugs. Several years ago, due to drug shortages, telemedicine companies were able to sell counterfeit weight loss medications for the first time. Although the shortages have ended, this practice continues.

Kuckelman stated, “We believe their claims about shortages and the need for personalized formulations of semaglutide are complete lies.”

According to Kuckelman, Novo Nordisk is trying to work with pharmacies to sell its branded products. He said, “But unfortunately, large companies like Hims not only fail to act properly but also believe they are above the law and can continue to flout the FDA and other regulators.”

The FDA last Friday pledged to take action against counterfeit weight loss drugs. The U.S. Department of Health and Human Services also announced it has referred Hims to the Department of Justice to investigate potential violations of federal law.

Previously, Novo Nordisk had sued other compounding companies for selling counterfeit drugs, but this is the first time it has targeted Hims. Hims CEO Andrew Dudum previously stated that the company would not stop selling its inexpensive weight loss injections.

As of press time, Hims has not responded. Before the U.S. stock market opened, its stock price fell 21%. Novo Nordisk rose nearly 6%.