Novo Nordisk, the pharmaceutical company behind Ozempic and Wegovy, is starting to lose its wave of lawsuits against compounders and related businesses offering semaglutide copycats. But here’s the reality that isn’t making headlines: even when Novo loses, the process of defending yourself can cost hundreds of thousands of dollars in legal fees—and most small med spas can’t afford to take that risk.
Novo is Losing in Court, But Still Winning Through Fear
In late May, a federal judge in Florida dismissed Novo’s lawsuit against Brooksville Pharmaceuticals, a compounder that Novo accused of violating federal law by producing compounded semaglutide. The court not only sided with Brooksville, but it also found that Novo failed to prove its case and did not demonstrate any actual harm to patients.
Brooksville has since asked the court to order Novo to pay its legal fees: more than $439,000. That figure represents just the cost to defend the lawsuit, not to countersue or pursue damages. And Brooksville is one of the few companies with enough resources and legal guidance to fully fight back.
For small med spas, this highlights a serious problem: even if you’re right, the cost of defending yourself could be financially devastating.
Why Most Med Spas Can’t Afford to Fight
Novo has filed more than 100 lawsuits nationwide against companies involved in compounding or distributing semaglutide. While several judges have dismissed some of these cases, the legal threat remains very real for smaller businesses. In many instances:
- The cost of legal representation and expert defense exceeds $500,000.
- These cases often span months or years, tying up time, staff, and operations.
- Med spas that are named (even wrongly) still risk reputational harm and business disruption.
This means that many clinics are opting to settle or cease offering semaglutide altogether rather than attempt to defend themselves. The threat of litigation alone is often enough to end the conversation.
The FDA Shift Leaves Less Protection
Adding to the complexity is the FDA’s decision to remove both Ozempic and Wegovy from the official drug shortage list. While that move helps Novo argue that compounding is no longer justified under the “shortage exception,” it simultaneously undercuts claims that compounded alternatives are causing widespread harm.
This contradiction is playing out in court. So far, judges aren’t buying Novo’s arguments. But that doesn’t stop them from continuing to file lawsuits, especially against smaller or lesser-equipped companies who are unlikely to fight back.
What This Means for Medical Spas
If your practice is offering, sourcing, or administering compounded semaglutides, it is essential to assess your legal risk:
- Do you have the resources to defend a lawsuit if it comes?
- Is your supplier legally compliant and indemnifying you appropriately?
- Do you have contracts, consents, and SOPs in place to show regulatory good faith?
We’re seeing a clear pattern: Novo is not winning on the merits, but it doesn’t have to. The financial pressure of litigation is enough to force many small providers out of the market.
This isn’t just a question of who’s legally right or wrong. It’s about whether a business can survive the pressure of defending itself in court. Novo may be losing lawsuits, but it’s still using the legal system as a tool to intimidate and outspend smaller players.
Compliance Now Costs Less Than a Lawsuit Later
We represent med spas, practices, and providers across the country navigating the legal minefield of compounded medications, regulatory shifts, and compliance. Whether you’re already facing a threat or simply want to minimize your exposure, we can help you:
- Review your semaglutide or GLP-1 offerings
- Evaluate contracts with compounders and pharmacies
- Establish stronger documentation and risk protocols
- Determine when it makes sense to fight, settle, or adjust your service model
If you’re offering semaglutide or considering it, talk to an attorney who understands both the risks and the regulatory landscape. In this fight, survival isn’t just about the facts, it’s about being prepared.