In a closely watched case involving compounded GLP-1 drugs, a federal judge in Delaware has dismissed Eli Lilly’s lawsuit against Strive Pharmacy, sending a clear message: national pharma litigation doesn’t override basic jurisdictional rules.
Lilly alleged Strive misled consumers by marketing its compounded tirzepatide products, alternatives to Lilly’s Mounjaro and Zepbound, as “safer” and more “personalized.” But the court didn’t even get that far. It ruled that Lilly failed to show that Strive targeted Delaware in its advertising or sales, and dismissed the case for lack of personal jurisdiction.
“The Supreme Court has emphasized that personal jurisdiction has ‘real limits,’ and Lilly has not shown that Strive crossed them here.”
— Judge Colm Connolly, D. Del.
The case was dismissed without prejudice, meaning Lilly can try again elsewhere, but Delaware is off the table for now.
Why This Matters for Healthcare Providers
Jurisdiction Still Draws the Line
Even in an online-first world, a pharmacy’s website alone doesn’t give every state court authority. Plaintiffs must show purposeful conduct aimed at the forum, and Lilly couldn’t do that here.
Compounding Pharmacies Aren’t Automatic Targets
This decision shows that courts aren’t rubber-stamping Big Pharma’s aggressive lawsuits against compounders. Legal defenses like jurisdictional limits still work, and can block a case before it begins.
No Decision on the Merits (Yet)
The ruling didn’t weigh in on the legality or marketing of compounded tirzepatide. But it delays Lilly’s litigation strategy and highlights the procedural defenses available to providers under pressure.
The Big Picture
This case is part of a growing trend: branded manufacturers using false advertising and state-law claims to push back against compounding pharmacies. GLP-1 medications are the current battleground, but the implications are broader, especially for providers working across state lines, or offering innovative therapies in high-demand categories.
Whether this fight moves to Arizona (where Strive is based) or to another jurisdiction, one thing is clear: courts are taking a hard look at forum selection, and won’t let plaintiffs skip ahead without establishing proper jurisdiction.