(CN) — A three-judge Fifth Circuit panel spent more than an hour Tuesday picking apart the FDA’s recent decision to declare that two blockbuster weight loss and diabetes drugs are no longer in short supply. The agency’s ruling effectively banned thousands of compounding pharmacies from making cheaper versions for patients.
The back-to-back arguments on tirzepatide, the active ingredient in Eli Lilly’s Mounjaro and Zepbound, and the related semaglutide case, Novo Nordisk’s Ozempic and Wegovy, boiled down to two questions: Did the FDA follow the right procedure, and did it actually look at the facts fairly?
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