Eli Lilly ·
Eli Lilly's litigation strategy relies heavily on the Lanham Act because the Food, Drug, and Cosmetic Act does not create a private right of action. Only the federal government can directly enforce the FDCA. Under the Lanham Act (15 USC § 1125), competitors may sue for false advertising that causes them competitive injury. Lilly's theory is that compounded tirzepatide marketing — claims of equivalence to Mounjaro/Zepbound, use of Lilly trademarks, and representations of quality — constitutes false advertising under Lanham. The strategy has proven effective: Lanham claims have survived motions to dismiss in multiple cases and are now driving discovery and potential injunctive relief throughout 2026.
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