Mylan Pays $465M to DOJ for EpiPen Rebates

Oct. 10, 2016

Mylan will pay $465 million to the Department of Justice to settle accusations the drugmaker improperly classified its EpiPen as a generic drug to avoid paying high rebates for branded treatments.

According to a Forbes article, Mylan said it reached a settlement with the DoJ, but the drugmaker will not have to admit wrongdoing. Mylan will pay a $465 million fine to “resolve questions that have been raised about the classification of EpiPen Auto-Injector and EpiPen Jr Auto-Injector (collectively, “EpiPen Auto-Injector”) for purposes of the Medicaid Drug Rebate Program.”

Mylan has classified the drug as a non-innovator multiple source drug, according to CMS, causing Medicaid rebates to be just 13%, versus the 23% rebates it would have had to pay if EpiPen was treated as an innovator drug with little competition, the article said.

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