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Ohio to limit drug-compounding pharmacies' batch sizes,
potentially affecting telehealth firm Hims & Hers
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New rule expected by year end targets mass production,
ensuring
patient-specific compounding
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Compounding pharmacy industry group warns Ohio rule may
increase
contamination risks
By Amina Niasse
NEW YORK, Sept 8 (Reuters) -
Ohio is taking steps to more tightly regulate how some large
drug-compounding pharmacies in the state operate, including
those making weight-loss drug copies, by limiting the amount of
medicine they keep on hand.
The move could have implications for online telehealth companies
that rely on Ohio-based pharmacies producing copies in
specialized doses, including one in the state owned by Hims and
Hers.
Hims and other telehealth companies flourished over the last
year when a shortage of Novo Nordisk's Wegovy and Eli
Lilly's ( LLY ) Zepbound allowed them to compound mass
quantities, but are now selling what they call individualized
doses. During the shortage, copies of Wegovy and Zepbound were
estimated to have risen to millions of doses.
Novo and Lilly dispute that their production is legal.
The Ohio Board of Pharmacy said a new regulation will
target the batches large pharmacies produce in anticipation of
prescriptions, limiting them to 250 units of a drug at a time.
It applies to those that make sterile injectable drugs,
including the popular weight-loss drugs. Details of the
regulation have not previously been reported.
"It's meant to ensure [personalized compounding] is
patient-specific and not creating mass production of these
drugs, as a manufacturer typically would," a spokesperson for
the Ohio Board of Pharmacy said. For injectable weight-loss
drugs, each unit represents a vial.
Novo and Eli Lilly ( LLY ), the latter of which filed a comment
on the new regulation with Ohio urging it to adopt the batch
size limit to ensure patient safety, have said that the
compounding underway does not qualify as personalized. Novo has
sued to stop some companies from doing so in certain situations.
RULE EXPECTED BY YEAR END
The Ohio rule, expected to be adopted by the end of 2025
with a one-year grace period for companies to comply, aligns the
state with national standards meant to ensure safety and reduce
the risk of infectious outbreaks, the spokesperson said.
According to a 2025 National Association of Boards of
Pharmacy survey, at least 30 states require compounders to
comply with the limit, which is based on guidance from industry
group the United States Pharmacopeia. State pharmacy boards are
tasked with regulating compounding pharmacies in conjunction
with the Food and Drug Administration.
Hims has owned a pharmacy in Ohio since 2020 and last
year in a press release said it planned to use that location to
meet national demand for treatments. The company's 2024 revenue
was $1.48 billion, 19% of which was from weight-loss drugs.
"Hims & Hers has a long track record of working closely with
regulators to adhere to robust safety standards, and we will
continue to do so as requirements evolve," a spokesperson for
the company said in an e-mailed statement.
LILLY, NOVO PUSH BACK
A spokesperson for Novo said state boards should
prohibit mass sales of weight-loss drug copies to protect
patient safety.
Lilly in a comment to Reuters said it encouraged it and
other regulators to take additional steps to stop mass
compounding and raised potential safety and effectiveness
issues, including the possibility of bacterial contamination or
other impurities.
Industry group the Alliance for Pharmacy Compounding
opposed the change in comments to the state, saying it would
increase the risk of contaminated drugs.
"The more batches the pharmacy makes, the more times that
compounding technician has to enter and leave the clean room," a
spokesperson for the alliance said, indicating that each new
entry provided an opportunity for improper handwashing or
clothing that is not sterile.
The spokesperson said the organization advocated for
batch limitations that vary based on each facility's operational
capacity.