PITTSBURGH, Feb. 8 /PRNewswire-FirstCall/ -- Mylan Inc. (NYSE: MYL) today announced that Mylan Pharmaceuticals Inc. has obtained an order from an administrative law judge in Florida finding that the inclusion of Levothyroxine Sodium on the state's negative drug formulary is an invalid exercise of legislative authority and that the product should be removed from the negative formulary.
Mylan will make its products available to pharmacies in Florida as soon as motions and procedural steps surrounding its removal from the negative formulary are satisfied. Florida's Board of Medicine and Board of Pharmacy voted not to appeal the Jan. 28, 2008, order; Abbott Laboratories has filed a formal appeal.
When a drug is included on Florida's negative formulary, pharmacists cannot substitute a generic version for a prescribed brand version. Florida pharmacists have been prohibited from substituting the generic version of Levothyroxine Sodium, depriving patients access to an affordable, effective and safe generic approved by the U.S. Food and Drug Administration.
In August 2007, Mylan filed a petition against Florida's Department of Health, Board of Pharmacy and Board of Medicine challenging the validity of Levothyroxine's inclusion on the negative formulary. Abbott Laboratories, maker of a brand version of Levothyroxine Sodium (Synthroid(R)), intervened. In an order issued Jan. 28, Mylan's subsequent motion for summary final order was granted.
"This ruling is not just a victory for Mylan, it's a major victory for
the citizens of Florida who have been denied access to lower cost
Levothyroxine Sodium for years," said Mylan's Chief Operating Officer
Heather Bresch. "The state will benefit from tens of millions of dollars in
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