FTC challenges bogus patent listings: Is your prescription’s price high due to pharma fraud?

Written by Lucia Mueller | Posted mayo 08, 2024 | Updated mayo 21, 2025

Why are your medication prices so high? For one, because there are no regulations in the U.S. to cap the price of prescription drugs, your particular therapy may lack the competition necessary to lower its cost. Despite drug companies' notorious maneuvers to retain exclusivity through patent strategies such as evergreening and pay-for-delay, recent warnings from the U.S. Federal Trade Commission (FTC) to multiple pharmaceutical manufacturers reveal that their efforts extend beyond these tactics. Drug companies have prolonged their brands cornering the market by (perhaps intentionally) botching their listings in the FDA’s Orange Book, a comprehensive catalog of drug products approved by the United States Food and Drug Administration as safe and effective. This fraudulent behavior inevitably leads to inflated drug prices, leaving Americans puzzled why they can order the same branded medication from abroad for a fraction of the U.S. price – or why the generic is available in Canada or Europe years before it hits U.S. pharmacy shelves.

“By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for medicines they rely on,” said FTC Chair Lina Khan in a press release issued in April 2024. “By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need.”

For patients struggling to afford these medications due to the named drug companies’ insidious exclusivity tactics, PharmacyChecker has organized the chart below based on the list of the drugs detailed in the April 2024 FTC warning letters, along with their manufacturing and international mail order pricing information. Among the recently identified “junk” listings are brand drugs prescribed for diabetes, asthma, weight loss, and COPD, including popular inhalers, Breo Ellipta and Trelegy Ellipta, and blockbuster weight loss drug, Ozempic. In November 2023, the Commission challenged over 100 listings, including Restastis and epinephrine autoinjectors. At present, those listings are not included in our chart.

Interpreting our chart

PharmacyChecker lists the drugs in alphabetical order with the following details:

Brand drug name with an inaccurate or improper listing in the FDA Orange Book

Click on the drug name to compare pricing across U.S. retail and international mail-order pharmacies, where available.

Name of the Marketing Authorization Holder that received an FTC warning letter 

Click on the name of the drug company to read the official warning letter issued by the Federal Trade Commission.

Drug manufacturing location for the U.S. market

Click on the country name to view a U.S. label for the drug as provided by the National Library of Medicine. 90% of the drug products marketed in the United States are manufactured elsewhere. 

Online Pharmacy Price from a PharmacyChecker-accredited pharmacy website that provides international mail order

Prices in the chart are per inhaler unless noted otherwise. All online pharmacy prices listed below, and across PharmacyChecker.com, are those provided by pharmacies that are accredited and continuously monitored in the PharmacyChecker International Pharmacy Verification Program. Most online pharmacies in the International Pharmacy Verification Program provide global shipping, which has been factored into the listed price. 

Location of the international dispensing pharmacy

The accredited websites in PharmacyChecker’s Verification Program partner with dispensing pharmacies located in Canada, Australia, India, Mauritius, New Zealand, Turkey, the UK, and the United States. PharmacyChecker standards require that these dispensing partners are also monitored by the Verification Program and that the websites with which they partner are transparent to patients and consumers about the location from which their medicine is being shipped. 

Name of the Marketing Authorization Holder in the country of the PharmacyChecker-accredited dispensing pharmacy

It's quite common for the same pharmaceutical company to market the same drug across different countries -- sometimes with a slight name change. This is the case for a drug marketed by Teva Pharmaceuticals: they brand the product as ArmonAir Respiclick in the United States and then Aermony Respiclick in Canada. Our investigation shows the U.S. brand is manufactured in Ireland, whereas the Canadian product is likely manufactured in Canada. GlaxoSmithKline markets their inhaler product fluticasone furoate/vilanterol under the name Breo Ellipta in the U.S. and Relvar Ellipta in Turkey. Covis Pharma manufactures U.S.-sold Duaklir Pressair in Sweden and Canadian-sold Duaklir Genuair in Switzerland. Boehringer Ingelheim opts to market their inhaler (tiotropium bromide and olodaterol) spelled with a "t" in the U.S. (Stiolto Respimat) versus a "p" in the UK (Spiolto Respimat). And, while branded Utibron marketed by Novartis has been discontinued in the United States, their Ultibro Breezehaler is sold in New Zealand dispensing pharmacies.
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Brand Name Drugs With Inaccurate Orange Book Listings – International Price and Manufacturer Comparison (2024)

Drug - U.S. Brand name (International brand name) Drug Company with U.S. Marketing Authorization Manufacturing Location for U.S. Market International Mail Order Pharmacy Price International Dispensing Pharmacy Location Drug Company with Marketing Authorization in the International Dispensing Pharmacy Location
AirDuo Digihaler Teva Pharmaceutical Industries Ltd. Ireland N/A    
AirDuo Respiclick Teva Pharmaceutical Industries Ltd. Ireland N/A    
Anoro Ellipta GlaxoSmithKline Singapore; UK $35.65 Turkey GlaxoSmithKline
ArmonAir Digihaler Teva Pharmaceutical Industries Ltd. Ireland N/A    
ArmonAir Respiclick (Aermony Respiclick) Teva Pharmaceutical Industries Ltd. Ireland $49.98 Canada Teva Pharmaceuticals
Baqsimi Amphastar Pharmaceuticals Inc. USA $219.06 per pack Canada Eli Lilly
Breo Ellipta (Relvar Ellipta) Glaxo Group Limited UK $20.94 Turkey GlaxoSmithKline
Bydureon Pen AstraZeneca AB USA; Germany N/A due to refrigeration*    
Duaklir Pressair (Duaklir Genuair) Covis Pharma GMBH Sweden $108.85 Canada Covis Pharma GmbH.
Incruse Ellipta Glaxo Group Limited Singapore $60.65 UK GlaxoSmithKline
Ozempic Novo Nordisk Inc. Denmark N/A due to refrigeration*    
QVAR Redihaler Norton (Waterford) Limited Ireland $53.99 New Zealand Inova Pharmaceuticals
Saxenda Novo Nordisk Inc. Denmark N/A due to refrigeration*    
Seebri Novartis Pharmaceuticals Corp. Discontinued in the United States $71.12 UK Novartis
Stiolto Respimat (Spiolto Respimat) Boehringer Ingelheim Pharmaceuticals, Inc. Germany $79.32 UK Boehringer-Ingelheim
Striverdi Respimat Boehringer Ingelheim Pharmaceuticals, Inc. Germany $85.95 UK Boehringer Ingelheim
Trelegy Ellipta GlaxoSmithKline UK $35.19 Turkey GlaxoSmithKline
Tudorza Pressair Covis Pharma GMBH USA $95.99 Canada Covis Pharma GmbH.
Utibron (Ultibro Breezehaler) Novartis Pharmaceuticals Corp. Discontinued in the United States $93.32 New Zealand Novartis
Victoza Novo Nordisk Inc. Denmark N/A due to refrigeration*    

PharmacyChecker Research 2024. *Due to patient safety concerns, PharmacyChecker maintains the most rigorous standards for international shipping of products requiring refrigeration. To ship refrigerated products, mail-order pharmacies must meet PharmacyChecker Policy 16-03 Refrigerated Medications: Shipping Requirements. Currently, no websites accredited through the PharmacyChecker Verification Program are permitted to market refrigerated products to consumers.

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Sylvia S.on Nov 6, 2022

I apologize to be writing on the review page
I am a pensioner, from South Africa. I'm looking for the best price for Xarelto. The state hospital prescribed Warfarin. I am totally allergic to warfarin

Please can you advise which is affordable to a pensioner.

Regards

Date of experience: November 6, 2022

Gretchen J.on Oct 17, 2021

Simplest and easiest site ever I had so much anxiety first being diagnosed with cancer and then getting on this medication I was not able to afford the real medication I could only get the generic so I came online and I found Canadian pharmacy store. Com, which made that medicine very affordable for me to purchase in a couple of easy steps also The chat with Marilyn S. Answered all my questions from who is the manufacture of my medication's to my prescription size and shipping time just everything thank you so much

Date of experience: October 15, 2021

James H.on Mar 11, 2021

We just ordered for my 90 year-old Mom. In the U.S. generics are not always available. So using PharmacyChecker we felt that its member pharmacy vendors were vetted. This reassurance of reliability took much of the guess work out of our shopping task.

Date of experience: March 10, 2021

Sandra S.on Dec 10, 2020

Always nice every time I have called or placed an order that I needed to check on. Thank you for all you do. Rick you made it so easy In the beginning of the relationship between us for me to stay with you.

Date of experience: December 9, 2020

George C.on Dec 8, 2020

This website provides very helpful information on ordering medications from non-U.S. Sources. We save 50% to 60% on name brand meds that are not available in generic forms in the U.S. We have saved thousands over the years.

Date of experience: December 8, 2020

Rod L.on Dec 7, 2020

I feel safe ordering from a pharmaceutical company outside of the U S because the prescription I am using is exactly the same as those sold in the U S, however, the price is totally different. What I had paid in the U S for 90 pills listed at almost $500. For which I have been paying $72. From a Canadian company for 5 or 6 years now, the price includes shipping and is sometimes negotiable.

Date of experience: December 7, 2020

J M.on Sep 29, 2020

This happens to be a very good pharmacy that delivers name brand meds at a reasonable price. All of the meds that I have purchased through this pharmacy have been the exact product my doctor listed. All of the products were labeled with original manufacturer's identity and location with date of manufacture and expiration. I am certainly glad that I found this pharmacy. Great job.

Date of experience: September 29, 2020

Jerry M.on Sep 29, 2020

I recommend it to many people. It sure saved us a lot and we learned a lot. The discount card saved us, too at Kroger.

Date of experience: September 29, 2020

Michael B.on Sep 2, 2020

I have been able to source several meds, at 10% of the american pharma cost. I have no doubt that I bought them where american pharma buys them, and then rapes the public. Thank you p checker

Date of experience: September 2, 2020

IWANT N.on Aug 20, 2020

I am happy to see the entities that are endorsed by you. But I did have a horrendous experience with Canadian Pharmacy with my latest order. After switching the location from which my order was to be chipped, the order was and still is being held by US Customs. They did give me a replacement order which I finally did receive but that order was submitted MUCH later than it should have been. Bottom line, I waited OVER THREE MONTHS for my med to finally be delivered and that cost me more money to piece meal samples from my doc and out of pocket for short term needs. And, the order I did receive cost me MORE for FEWER tablets. I know Covid-19 played a part in this fiasco but the supplier simply DID NOT PREFORM!

Date of experience: August 19, 2020

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