Michigan Supreme Court clears the way for Dana Nessel to investigate insulin price-gouging by Eli Lilly and Company
The Michigan Supreme Court ruled on Friday that Attorney General Dana Nessel may proceed with a price-gouging investigation into Eli Lilly and Company. The 4-3 decision overturned two prior court rulings from 1999 and 2007 that previously barred the state's attorney general from investigating businesses already regulated by other state or federal agencies. Dana Nessel challenged these precedents to allow for an investigation into the price disparities between branded and generic insulin. Because Eli Lilly and Company is regulated by the FDA and the Michigan Board of Pharmacy, the previous rulings meant the state could not take action against it for pricing. The majority opinion, authored by Justice Noah Hood, argued that the previous interpretations were too narrow and essentially nullified the claims of the Michigan Consumer Protection Act. While Dana Nessel celebrated the decision as a victory for consumers, Eli Lilly and Company expressed disappointment, noting their strong record of insulin affordability solutions.