Judge dismisses part of Lilly lawsuit against compounder Empower Pharmacy
A split ruling keeps Lilly's case against Empower Pharmacy alive, leaving patients who use compounded tirzepatide without a clear answer on how the litigation could affect supply.
A federal judge has dismissed part of Eli Lilly's lawsuit accusing Empower Pharmacy of misleading customers about its compounded versions of the obesity drug tirzepatide, while allowing other claims to go forward [1]. The April 30, 2026 decision is a mixed result that keeps the case alive [1].
The order trims Lilly's complaint rather than throwing it out [1]. Lilly alleges Empower misled customers about compounded tirzepatide [1]. Which specific claims the judge dismissed, which were allowed to proceed, and the judge's reasoning have not been reported [1]. The court hearing the case, the judge's name, and the schedule for the next steps also have not been reported [1].
A partial dismissal is an early-stage decision about whether claims are legally adequate to move forward [1]. It is not a verdict, and it is not a finding about who is right on the facts [1]. As reported, the ruling does not impose a penalty, order any product off the market, or resolve Lilly's underlying allegations [1]. Empower's response to the claims that survived has not been reported [1].
The outcome gives neither side everything it asked for [1]. A full dismissal would have ended the case, while a denial in full would have let every claim proceed [1]. Instead, the litigation continues on a smaller set of claims [1].
This case involves tirzepatide, the molecule in Lilly's GLP-1 medicines. It is not about semaglutide, the molecule in Novo Nordisk's Ozempic, Wegovy and Rybelsus [1].
Why it matters for patients
Compounded tirzepatide is the subject of this lawsuit, and patients who use compounded GLP-1 medicines may be watching for any change in what pharmacies can dispense [1]. The ruling as reported does not itself change federal or state rules on compounding, and it does not decide whether compounded tirzepatide can be sold [1]. Those questions are not addressed in the decision as reported [1].
That leaves several practical questions unanswered. Whether Empower has changed, paused or continued any product because of the ruling has not been reported [1]. Whether the surviving claims could eventually lead to a court order affecting compounded tirzepatide has not been reported [1]. The ruling as reported does not name specific products or say which pharmacies are affected [1].
What happens next
The case continues on the claims that survived the judge's order [1]. No dates for further filings, hearings or a trial have been reported [1]. It also has not been reported whether Lilly will try to revive the dismissed claims by amending its complaint [1].
Sources
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