On May 4, 2026, Maryland’s Attorney General announced that the Antitrust Division reached a settlement with Mylan Inc. (Mylan), the company that sells the EpiPen®, resolving concerns about anticompetitive conduct involving the cost, marketing, and availability of EpiPen products.
The EpiPen is a life-saving epinephrine auto-injector used by people at risk of severe allergic reactions. The EpiPen is the most widely used emergency treatment for anaphylaxis, a sudden and potentially fatal allergic reaction. It is a necessity for the millions of Americans – including hundreds of thousands of Marylanders – living with severe allergies to foods, insect stings, or medications.
Maryland identified that Mylan took steps to protect its market dominance and suppress competition, by entering into exclusionary contracts with pharmacy benefit managers that blocked generic competitors, filing patent lawsuits against competitors and then entering into pay-for-delay settlements, and lodging unfounded concerns with the Food and Drug Administration about EpiPen generic competitors in order to delay the availability of those lower-cost alternatives.
Under the settlement, Maryland received $4.5 million, which can be used to fund programs that benefit Maryland residents such as for consumer protection and antitrust enforcement. In addition to the financial payment, Mylan has agreed to take several steps aimed at supporting Maryland families, patients, and institutions, including increasing the co-pay coupon for its authorized generic version of the EpiPen from $25 to $40 and increasing access to EpiPen for vulnerable Marylanders.
In 2024, Maryland joined a group of states investigating allegations that Mylan engaged in anticompetitive conduct to keep generic versions of the EpiPen off the market and used its monopoly power to increase its price and require that the life-saving drug be purchased in two-packs instead of a single pen. After nearly two years of investigation and negotiations, Maryland and Mylan reached the settlement agreement.
The agreement resolves claims related to EpiPen pricing and competition in Maryland. The State will continue participating in all efforts addressing anticompetitive conduct related to the pharmaceutical drug industry.
In announcing the settlement, Maryland Attorney General Anthony G. Brown stated, “For too long, Mylan has cornered the market on this lifesaving medication and driven up costs for Maryland families who have had no choice but to pay. Today’s settlement goes a long way toward holding Mylan accountable for putting profit over the people who depend on this drug to protect their health and keep their loved ones safe.”
The EpiPen website states, in part:
EPIPEN® (epinephrine injection, USP) 0.3 mg and EPIPEN JR® (epinephrine injection, USP) 0.15 mg Auto-Injectors are used to treat allergic emergencies (anaphylaxis). Anaphylaxis can be life threatening and happen within minutes. If untreated, anaphylaxis can cause death. This allergic emergency can be caused by stinging and biting insects, allergy injections, foods, medicines, exercise, or unknown causes.
Always carry 2 EPIPEN or 2 EPIPEN JR Auto-Injectors with you because sometimes a single dose of epinephrine may not be enough to treat a serious allergic reaction before seeking medical care.
When you have an allergic emergency (anaphylaxis), use EPIPEN or EPIPEN JR auto-injectors right away. Get emergency medical help right away even if you have used the EPIPEN or EPIPEN JR auto-injector. You can use a second EPIPEN or EPIPEN JR auto-injector if symptoms continue or if the first auto-injector is activated. If you need more than 2 doses for an allergic emergency, they must be given by a healthcare provider.
EPIPEN or EPIPEN JR auto-injector should be injected into the middle of your outer thigh (upper leg), through clothing if necessary. Do not inject into your veins, buttocks, fingers, toes, hands or feet. It is very important that you hold the EPIPEN or EPIPEN JR auto-injector down firmly on the middle of the outer thigh (upper leg) for at least 3 full seconds. If you do not hold it in place long enough, the EPIPEN or EPIPEN JR auto-injector might not have time to deliver the correct dose of medicine. If you accidentally inject EPIPEN or EPIPEN JR auto-injectors into any place other than the middle of your outer thigh, go to the nearest emergency room right away. If you inject a young child, hold their leg firmly in place before and during the 3 second injection to prevent injuries.
Common side effects include fast, irregular or “pounding” heartbeat, sweating, nausea or vomiting, breathing problems, paleness, dizziness, weakness, shakiness, headache, feelings of over excitement, nervousness or anxiety. These side effects may go away with rest. Tell your healthcare professional if you have any side effect that bothers you or that does not go away.
If you or a loved one may have been injured (or worse) as a result of medical malpractice in Maryland, you should promptly find the best Maryland medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maryland medical malpractice case, if appropriate.
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