Testosterone replacement therapy manufacturers have banded together to file a motion to dismiss a testosterone products class action lawsuit filed against them by a health insurer.

This testosterone class action lawsuit alleges that numerous pharmaceutical companies have fraudulently marketed their testosterone replacement products for “off-label” uses, or conditions the drug has not received FDA approval to treat.

Many testosterone product lawsuits and class action lawsuits allege testosterone product manufacturers regularly pay for television advertisements and other promotional marketing materials that encourage men, especially those approaching middle-age, to request that their doctors’ prescribe them testosterone replacement therapy for a low-t medical condition.

These low-testosterone drug advertisements allegedly claim that symptoms of low-testosterone include decreased energy levels, a drop in sex drive, and a reduction in muscle strength. However, as men age, there is a natural drop in testosterone levels that lead to those symptoms, low-t is not an actual medical condition.

Low Testosterone Class Action Lawsuit

Medical Mutual Ohio (MMO), a health insurer, filed the class action lawsuit against almost every drug manufacturer that has sold a low testosterone drug treatment within the United States in the past 15 years. Its low-t class action lawsuit claims that these companies illegally marketed low testosterone drugs for non-FDA approved conditions.

MMO also alleges that testosterone product manufacturers violated the federal Racketeer Influence and Corrupt Organizations (RICO) Act and other laws.

Defendants File Motion to Dismiss Low-T Class Action

This testosterone products class action lawsuit names AbbVie, Abbott Laboratories, GlaxoSmithKline, Auxilium, Actavis, Watson Pharmaceuticals, Endo Pharmaceuticals and other drug companies as defendants. On July 31, the defendants filed an motion to dismiss MMO’s low testosterone class action lawsuit against them, claiming the insurer has no legal basis to pursue claims.

The makers of Androgel, Testim, Axiron, and other popular low-t drugs argue that other third-party payers like MMO have tried to file testosterone product class action lawsuits challenging similar off-label marketing claims, and those were dismissed. Additionally, the defendants point out that these previously filed claims involved low-t lawsuits against one specific manufacturer for a single low testosterone replacement therapy product, not an industry-wide fraud action which allegedly has no legal precedent.

According to the defendants’ motion to dismiss the testosterone products class action lawsuit, “MMO is seeking to stretch RICO’s private right of action to regulate the practices of an entire industry. Yet, RICO was not enacted to provide a sophisticated insurance company with industry-wide regulatory powers,” the manufacturers argue.