Insulin Price Lawsuit – 2025 Update
A growing number of organizations are filing lawsuits against major insulin manufacturers and Pharmacy Benefit Managers. The cases have been consolidated into Multidistrict Litigation (MDL No. 3080) in the U.S. District Court for the District of New Jersey, and they accuse Pharmacy Benefit Managers and insulin providers—like Eli Lilly and Novo Nordisk—of conspiring to artificially increase prices.
Insulin is a crucial drug for many Americans with diabetes, helping to keep them healthy, and these dishonest practices put many at risk because they simply cannot afford this lifesaving drug. Many institutions are standing up against these practices to seek compensation and encourage needed change.
Insulin Price Lawsuit Update – 2025 Update
April 11, 2025: The Federal Trade Commission May Resume Insulin Pricing Lawsuit Against PBMs
The Federal Trade Commission may resume its insulin pricing lawsuit against three PMBs in April 2025. The FTC had paused the litigation so that two people who are on the Commission could recuse themselves because of potential conflicts of interest. One Commissioner has removed herself from the case because of prior dealings with PBMs; however, the Chairman has since said he will not remove himself from this case. The FTC should issue further updates in the coming weeks.
February 27, 2025: Plaintiffs Ask to Include More PBM Affiliates as Defendants in Insulin Pricing Litigation
The organizations that are suing Pharmacy Benefit Managers have asked the judge for permission to amend their complaints to add PBM affiliates as defendants. At this time, the PBM affiliates they would like to add are Zinc Health Services, Ascent Health Services, and Emisar Pharma Services. These companies are group purchasing organizations that PBMs hire to negotiate higher rebates for the PBMs. Plaintiffs believe these businesses were integral parts of the allegedly illegal scheme to increase the consumer cost of insulin for the benefit of the PBMs.
December 19, 2024: Insulin Pricing MDL Judge Clarifies Deadlines for Plaintiff Fact Sheets for Some Plaintiffs
The judge in the federal multidistrict litigation against PBMs has entered an order setting deadlines for Plaintiff Fact Sheets in the insulin pricing lawsuit. Plaintiff Fact Sheets are used in multidistrict litigations to gather information about the plaintiffs, the reason they are suing, who harmed them, and other important details. In this MDL, the judge asked some of the plaintiffs in the State Attorneys General track to submit these documents within 30 days.
September 20, 2024: FTC Filed a Complaint Against CVS Caremark, OptumRx, and Express Scripts Because of Illegal Insulin Pricing Practices
In September 2024, the Federal Trade Commission filed a complaint against three major Pharmacy Benefit Managers: CVS Caremark, Express Scripts, and OptumRX. Together, these three organizations manage almost the entire U.S. market share of insulin products. In its complaint, the FTC accused these PBMs of engaging in deceptive, illegal, and dangerous trade practices that have needlessly driven up the price of insulin. The FTC believes these organizations have confidential and illegal agreements in place to reap rebates in exchange for charging more for insulin products.
August 3, 2023: Multidistrict Litigation Created for Insulin Pricing Lawsuits Filed Against Pharmacy Benefit Managers
On August 3, 2023, the United States Judicial Panel on Multidistrict Litigation transferred state court cases into a centralized MDL. These lawsuits all alleged that Pharmacy Benefit Managers and other organizations coordinated to increase the cost of insulin so the PBMs and their associates could profit from it. The complaints accuse the PBMs of creating a rebate scheme where they would get kickbacks (rebates) in exchange for setting higher rates the customers must pay for insulin. Since the MDL began in 2023, many more have joined in this fight, and the litigation is ongoing.
On This Page:
Why Does Insulin Cost So Much?
How Much Does Insulin Cost to Make?
How Inflated Insulin Drug Prices Impact People
Legal Grounds in the Insulin Pricing Lawsuit
FTC Files Lawsuit Against Drug Managers Over Insulin Prices
Insulin Manufacturers and Pharmacy Benefit Managers (PBMs) at the Center of the Lawsuit
Who Qualifies to File an Insulin Pricing Lawsuit?
How to File an Insulin Pricing Lawsuit
Is There a Deadline to File an Insulin Pricing Lawsuit?
Why Does Insulin Cost So Much?
In 1996, a vial of insulin cost just $21; however, that same vial of insulin was $250 in 2023, despite costing the manufacturer between $2 and $4 to make. Pharmaceutical companies justify this astronomical increase by saying it is needed to support their pricey research and development efforts. However, given that insulin is over 100 years old, many believe their true incentive is to bring in more profit. Additionally, since only a few companies can manufacture insulin in the United States because of patent laws, people cannot compete against them to lower prices.
Unfair Pharmacy Benefit Manager practices have also contributed to the insulin price crisis. Pharmacy Benefit Managers are middlemen who work with insurance companies and drug manufacturers. Major PBMs include CVS Caremark, OptumRx, and Express Scripts. They coordinate costs and receive a rebate—kickback—on the medication sales they are part of. Over time, PBMs have prioritized the medication pricing arrangements with the highest rebates for the PBMs, with PBMs receiving up to 53% of drug costs in 2024 compared to 30% in 2014.
Price of Insulin Over Time (Prices by Year)
Average Price of Insulin (as of 2025)
The cost of insulin varies greatly per person depending on how much they need each month, what insurance they have, and where they are. Some estimate insulin costs to be about $250 per vial, with a consumer potentially needing up to six vials each month. The consumer may qualify for a payment assistance program to help them buy the insulin they need. However, not everyone is eligible for this program.
Some states have capped insulin costs for consumers, but this cap may not apply to all consumers in that region. For example, Kentucky caps some monthly insulin products at $30 for a 30-day supply; however, this only applies to copayments, and the consumer needs to be on a state-funded insurance plan for this to apply. Several initiatives and lawsuits are underway to lower the cost of insulin for all consumers in the United States.
How Much Does Insulin Cost to Make?
In part because of how long it has been on the market, insulin is a fairly cheap drug to manufacture. A 10 ml vial of human insulin costs about $2.28–$3.42 to make, and the expense of producing analog insulin is about $3.69–$6.16. Despite this low cost, insulin prices for the consumer have skyrocketed, increasing upwards of over 1,200% in some cases.
Drug companies claim higher research and development expenses are to blame for the discrepancy. That said, reports have revealed that the soaring price tag of insulin is due to the complex web of companies responsible for making the drug, setting the price, filling the prescription, paying for it, and selling it to the consumer. Plus, with only a few drug companies holding the patent to make insulin products, it prevents other manufacturers from producing cheaper versions of insulin to compete with the big players.
How Inflated Insulin Drug Prices Impact People
Inflated insulin drug prices can put people’s lives in danger and jeopardize their emotional and physical health. Even with insurance, the copays people need to meet to afford this drug can be extremely high. One 26-year-old man with type 1 diabetes lost insurance because of his age, and he could not afford the $1,300 monthly cost for his insulin and supplies. He rationed his insulin to try to save money and his life, but it was not enough. One month after losing insurance, he died because of diabetic ketoacidosis—a diabetic coma.
Insulin prices also destroy people’s financial well-being, which experts describe as when someone has a healthy financial outlook that is aligned with their daily habits. Because of the unmanageably high cost of insulin, many people are forced to focus much of their resources and mental energy on trying to afford their life-saving medications and supplies. Additionally, many try to ration their insulin or go without it in an effort to save money, often with serious consequences.
Research has shown that capping insulin at $35 per 30-day supply could greatly improve the outcomes and treatment compliance levels of those on Medicare Advantage plans. However, the system has a long way to go before companies reduce prices to these levels, something the lawsuits are hoping to help drive.
Legal Grounds in the Insulin Pricing Lawsuit
MDL No. 3080, the federal insulin pricing lawsuit, accuses Pharmacy Benefit Managers, manufacturers, and others of working together to inflate the consumer’s insulin cost artificially. Some of the allegations against these institutions include wire and mail fraud and violation of the Racketeer Influenced and Corrupt Organizations Act.
The agencies filing these claims believe the PBMs and other companies had secret deals amongst themselves to rake in profits from rebates while hiding the actual cost of insulin. The plaintiffs also believe these organizations unfairly benefited from these shady practices and broke many state and federal consumer protection laws while causing immense harm to the public.
Current Status of the Insulin Pricing Multi-District Litigation
The insulin pricing multidistrict litigation is number 3080 in the U.S. District Court for the District of New Jersey. Judge Brian R. Martinotti and Magistrate Judge Rukhsanah L. Singh are overseeing this centralized litigation. Dozens of state court civil cases have been transferred into this massive lawsuit. The federal MDL was created in August 2023, with a Co-Lead Counsel being appointed in December 2023 to represent state attorneys general and other agencies.
In February 2024, Eli Lilly entered into a settlement and agreed to cap insulin prices at $35 per month for consumers in Minnesota. However, the overall insulin pricing lawsuit is still ongoing as of April 2025. Currently, the litigation is in the pretrial stages, with the parties exchanging discovery documents—requests for information—and filing motions.
FTC Files Lawsuit Against Drug Managers Over Insulin Prices
In September 2024, the Federal Trade Commission filed a major legal action against three of the most successful Pharmacy Benefit Managers: CVS Caremark, OptumRx, and Express Scripts. Together, these companies control 80 percent of the total market share of insulin products. The FTC also sued the PBMs’ affiliated group purchasing organizations, such as Ascent Health Services.
The FTC accuses PBMs of manipulating the pharmaceutical supply chain competition to increase their earnings. The FTC’s investigations have uncovered a systematic practice of these PBMs choosing higher-priced insulin products with lucrative rebates for the PBMs, passing on the high cost to the consumer while the PBMs unjustly profit.
For example, Eli Lilly’s Humalog, which cost just $21 in 1999, came with a $274 price tag in 2017. As a result of the PBMs’ actions, consumers have had to pay astronomical prices for or go without life-saving medications. The FTC paused the lawsuit briefly in April 2025 while it sorted out administrative matters but may resume the proceedings.
Insulin Manufacturers and Pharmacy Benefit Managers (PBMs) at the Center of the Lawsuit
At the center of the lawsuit are a group of Pharmacy Benefit Managers, pharmaceutical drug companies, and affiliated subsidiaries and organizations. Here are some of the drug companies that are being sued and the type of insulin product they make:
- Eli Lilly and Company (Humalog and Humulin)
- Novo Nordisk Inc. (Novolog and Levemir)
- Sanofi-Aventis U.S. LLC (Lantus and Apidra)
The three major Pharmacy Benefit Managers that are involved are CVS Caremark (part of CVS Health), Express Scripts (affiliated with Cigna), and OptumRx (part of UnitedHealth). These companies all work with a variety of subsidiaries and affiliates, including CaremarkPCS, Medco Health, and OptumInsight.
These groups all work together to manage the manufacture, pricing, distribution, and sale of about 80 percent of the insulin products on the market. Reports have revealed that they have entered secret agreements to raise prices artificially and provide each other with lucrative rebates at the expense of those with diabetes.
Who Qualifies to File an Insulin Pricing Lawsuit?
At this time, individual consumers do not qualify to join in this multidistrict litigation. Currently, only organizations and governments are eligible to file insulin pricing lawsuits against the PBMs, pharmaceutical drug companies, and other groups. The institutions that are eligible to take legal action in this MDL include:
- Self-funded health plans (e.g., private employers, unions, and government entities)
- Third-party payers
- Direct purchasers (hospitals, pharmacies, and clinics)
- States Attorneys General
Organizations that paid a higher amount for insulin may qualify to join in this litigation. For example, private employers and unions may have provided insurance plans that unknowingly overpaid for insulin products for their customers. Organizations and governments that think they may qualify for compensation from the PBMs and their affiliated agencies would benefit from talking to experienced legal counsel.
How to File an Insulin Pricing Lawsuit
Institutions wanting to bring an insulin pricing lawsuit need to follow a formal process. The first step is to talk to a seasoned attorney who can help you and your organization determine if you qualify to file an insulin pricing lawsuit. Next, your organization and your lawyer—if you hire one—would locate key evidence and research to show that your agency was harmed by PBM practices.
After this, you or your lawyer would prepare and submit a legal complaint, which outlines your allegations against the PBMs that unfairly hiked up insulin prices so they could benefit. Then, you would engage in discovery, try to settle the lawsuit, and prepare for trial if the settlement talks were unsuccessful. An attorney can help your organization understand and carry out these essential legal steps.
Is There a Deadline to File an Insulin Pricing Lawsuit?
Officials have not yet publicly announced a deadline to join the federal insulin pricing MDL. That said, organizations would benefit from filing their claims sooner rather than later to avoid missing deadlines and losing valuable evidence. Likewise, the court will periodically issue case management orders, or CMOs, which may give due dates for institutions to file a case or submit documents, like the Plaintiff Fact Sheets used in many MDLs to gather information.
Additionally, states have laws about when agencies need to bring different types of claims. A knowledgeable attorney can help institutions determine what their deadlines are and how to meet those so they do not lose the chance to fight for key compensation.
Contact King Law for a Free Case Review
Organizations that think they were harmed by inflated insulin prices are encouraged to call us today at (585) 496-2648. Taking swift legal action may be the most effective way to get compensation, shed light on these unfair and illegal practices, and demand changes.
We provide personalized legal support that begins with a free case review so you understand if you have a case and how we can help. Reach out to our team to get in touch with an intake specialist.