Empower Pharmacy LLC has filed a motion in the Southern District of Texas to dismiss Eli Lilly's lawsuit concerning compounded GLP-1 drugs. This legal move was made public through a regulatory filing.
According to Empower, the dispute intensified after Eli Lilly initially filed the lawsuit in New Jersey in April 2025, only to voluntarily dismiss and refile it in Texas on the same day. Empower argues that this strategy aims to "choke out" lawful compounding options that expanded during FDA-declared shortages. The company contends that patient access and price competition should take precedence over brand exclusivity, particularly as courts assess speech, compounding rights, and post-shortage transitions for GLP-1s.
Affordability remains a significant concern. Brand-name Mounjaro typically costs around $1,000 per month without insurance, whereas compounded tirzepatide sold during shortage periods ranged from $250 to $400 monthly—a reduction of 60–75%. This price disparity led prescribers to rely on compounders for continuity of care, especially when coupons excluded weight-management use. Critics argue that as brand supply normalizes, litigation combined with regulatory changes effectively eliminates the lower-cost tier patients relied upon.
Eli Lilly's financial performance highlights the issue's importance. In Q2 2025, the company's revenue increased by 38% year-over-year to $15.56 billion, driven by Zepbound and Mounjaro sales. Full-year revenue guidance for 2025 was raised to $60–$62 billion. For policymakers who prioritize consumer choice and fiscal restraint, this scale illustrates why compounders claim their role mitigates monopoly pricing and protects budgets. As the GLP-1 market expands, removing lower-cost compounded alternatives risks reducing competition and increasing costs for patients and payers.
Founded in 2009 and based in Houston, Empower Pharmacy operates both a 503A compounding pharmacy and an FDA-registered 503B outsourcing facility. The company supplies customized medications nationwide with a mission focused on access and affordability through personalized formulations—principles aligned with conservative priorities on market competition, patient choice, and decentralization. Empower positions itself as an alternative to brand-only control in high-demand categories like GLP-1s, serving prescribers seeking dosage flexibility and budget-sensitive options for patients.
