Attorney General Bonta: FDA Should Take Quick and Decisive Action Against Makers of Counterfeit Weight Loss Drugs

OAKLAND – As part of a bipartisan coalition of 38 states and territories, California Attorney General Rob Bonta today urged the Food and Drug Administration (FDA) to take swift and decisive action against bad actors unlawfully profiting off the high demand for FDA-approved weight loss and diabetes drugs. In their letter, the coalition notes that demand for GLP-1 medications such as Mounjaro, Zepbound, Ozempic, and Wegovy has skyrocketed, but supply shortages and high costs have created opportunities for wrongdoers to cash in and endanger consumers. 

“In California and across the country, a growing number of individuals are turning to weight loss drugs. My fellow attorneys general and I are urging the FDA to protect consumers from the growing threat posed by adulterated or counterfeit versions of these drugs,” said Attorney General Bonta. “From inspections to enforcement actions, the FDA has several important tools at its disposal to help put an end to this unlawful and deceptive conduct. A federal response is necessary because many of the counterfeit drugs are shipped from outside of the country.”

In the letter, the coalition writes that: 

• The FDA must work with federal partners like the Department of Homeland Security to intercept counterfeit GLP-1 drugs before they reach unsuspecting consumers. Counterfeit GLP-1 drugs from abroad — which can contain contaminants, other unknown drugs, or dangerously high amounts of active ingredients — have infiltrated the U.S. supply chain. Most consumers are not equipped to determine if their medication is legitimate or fake.
• The FDA must continue to send warning letters to online retailers that are illegally selling the active ingredients of GLP-1 drugs directly to consumers without a prescription. If companies continue to act unlawfully, the FDA should follow up with enforcement action. While claiming that the active ingredients are “for research purposes only” or “not for human consumption,” these companies advertise directly to consumers on social media, claiming that their products are an easier and more affordable way to obtain GLP-1 drugs. When sellers supply only active ingredients, consumers are often forced to formulate the medication themselves, which creates a host of risks.
• The FDA should also ramp up enforcement against any compounding pharmacies that may be illegally participating in this market. With certain GLP-1 active ingredients added to the FDA’s drug shortage list, compounding pharmacies have been allowed to produce GLP-1 medications and some of those pharmacies have cut corners in pursuit of a quick profit. The FDA must work in partnership with state pharmacy boards to ensure compounded GLP-1 drugs are produced in a safe, sanitary way.

In sendng this letter, Attorney General Bonta joins the attorneys general of Colorado, South Carolina, Illinois, Tennessee, Alaska, Arkansas, Connecticut, Delaware, Georgia, Hawaii, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, and the U.S. Virgin Islands. 

A copy of the letter can be found here.