Attorney General Raúl Torrez Secures $2.25 Million Settlement with Mylan Over EpiPen Pricing Practices

Settlement also delivers increased co-pay coupons, increased awareness of school EpiPen programs, and product donations for New Mexicans.

Source: N.M. Department of Justice

Santa Fe, NM — New Mexico Attorney General Raúl Torrez announced that the State of New Mexico has reached a $2.25 million settlement with Mylan Inc., resolving claims that the pharmaceutical company engaged in unfair and anticompetitive practices related to its EpiPen Auto-Injector products. The agreement brings significant financial relief and consumer protections to New Mexico residents.

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“This settlement serves as an important protection for New Mexico consumers and families who depend on affordable access to life-saving epinephrine products,” said Attorney General Raúl Torrez. “The New Mexico Department of Justice will continue to fight for fair pricing and transparency in the pharmaceutical industry. We look forward to working with Mylan to raise public awareness of the relief this settlement provides.”

Key Settlement Terms

• The State alleged that Mylan violated the New Mexico Unfair Practices Act, the New Mexico Antitrust Act, and the New Mexico Fraud Against Taxpayers Act, along with common law claims concerning the EpiPen Auto-Injector and related products. Mylan disclaims and denies any wrongdoing or liability related to the allegations.
• Under the terms of the agreement, Mylan has agreed to provide the following relief:
  • $2.25 Million Payment. Mylan will pay $2,250,000 to the State, the funds will support investigation costs, programs, personnel, training, and urgent health care needs.
• Increased Co-Pay Coupons
  • Mylan will increase its co-pay coupon for the authorized generic EpiPen from $25 to $40, subject to certain conditions, reducing out-of-pocket costs for patients across the state.
• School EpiPen Program Awareness
  • Mylan and the State will work together to increase awareness of the EpiPen4Schools® Program, which provides free EpiPen devices to schools, and will communicate enrollment information directly to New Mexico schools. Although the program is already in existence, the participation level for New Mexico schools is among the lowest in the nation, with approximately 10% of schools participating.
• EpiPen Product Donations
  • Beginning in 2026 and continuing for four more years, Mylan will donate up to 10,000 EpiPens (1,000 two-packs per year for five years, totaling 2,000 pens annually) to the State for distribution as the State sees fit.

The State’s claims arose from Mylan’s conduct related to the EpiPen Auto-Injector, a widely used emergency treatment for severe allergic reactions (anaphylaxis). The State alleged that Mylan’s pricing and business practices — including generic delay tactics, patent litigation strategies, marketing practices, and pricing decisions — violated multiple New Mexico consumer protection and antitrust statutes.