Connecticut Attorney General's Office

Press Release

Attorney General Seeks Tamiflu Pricing Policies From Major Pharmacies

December 1, 2009

Attorney General Richard Blumenthal has taken action to investigate complaints about erratic and excessive Tamiflu prices by asking major pharmacies to provide details about their Tamiflu pricing policies during the ongoing H1N1 flu pandemic and the Tamiflu shortage.

Blumenthal is seeking immediate information from CVS Caremark Corporation, Rite Aid Corporation and Walgreen Co., including details about their current prices and prices pre-dating the flu pandemic and Tamiflu shortage.

"I will aggressively pursue enforcement action against any company or individual exploiting the current H1N1 flu pandemic or the Tamiflu shortage through price-gouging or other abusive practices," Blumenthal said.

"Tamiflu price gouging gut punches families economically and medically. Price abuses threaten both public health and consumer pocketbooks as families struggle with economic hardship and inadequate insurance. Such conduct damages all consumers, but especially flu victims with no or limited prescription drug coverage, as well as children and others at higher risk.

"Feverish full-throttle greed is the only explanation and no justification for such price abuses. Such abuses reflect a sickness -- an ethical ailment in need of treatment."

Blumenthal said his office has received information suggesting that some pharmacies have charged substantially increased out-of-pocket prices for Tamiflu, in some cases as high as $130 or more. He has also heard that some retailers may be purchasing capsules of higher-dosage Tamiflu from distributers and remarketing it as liquid-form lower dosages at greatly inflated prices.

As part of his price-gouging investigation, Blumenthal has requested that these pharmacies provide the following information:

• Current charges for Tamiflu in all dosages and in both liquid and capsule form;

• Charges for the same dosages and forms of Tamiflu three months ago, six months ago and one year ago;

• An explanation for any price increases -- for any dosage or form of Tamiflu -- in the last year, and whether the increases reflected any additional or unexpected manufacturing, distribution, marketing or supply costs to the company;

• Whether the pharmacy is honoring original pricing on customer orders; and

• Whether the pharmacy is honoring price quotes given to potential customers before the Tamiflu shortage.