Lilly’s Lawsuit Against Willow Just Got Tossed Out

Original posted at obesity.news/ on Sep 02, 2025

Today, August 29, 2025, in a Los Angeles federal courtroom, Eli Lilly’s sweeping case against Willow Health Services hit a wall. Judge André Birotte Jr. dismissed Lilly’s claims, every single one of them.

Lilly said Willow’s advertising was misleading. Lilly said patients could be lured away. But when the judge asked for proof, numbers, lost prescriptions, physician testimony, Lilly’s filing came up empty. No concrete harm. In a ruling that echoed the Judge’s views in the Lilly Vs Mochi Health lawsuit from last week, there was no direct line established from an ad to a lost Zepbound or Mounjaro script.

What the judge actually decided

The court found that Lilly did not have Lanham Act standing. Saying your “reputation” is harmed is not enough, you have to show you actually lost sales. The California claims under the UCL and FAL failed too. Those statutes require proof of lost money or property. Again, Lilly brought little more than general claims of reputational damage. Frustrating if you’re a brand that relies on your good name and reputation, but not substantiative enough under these statutes.

Even if Lilly had standing, the judge explained that the advertising claims were not strong:

• Calling tirzepatide trials “clinical trials”? The court said Lilly’s attack was a lack-of-substantiation claim, and private companies do not get to use that in California.

• Saying compounding is “personalized”? The judge said that lines up with what 503A compounding is by law, since it requires a prescription for a named patient.

• Describing pharmacy evaluations as “rigorous”? Puffery. Opinion. Not provable or disprovable.

  
  

Bottom line, the case was dismissed. But dismissed without prejudice. That means Lilly has 30 days to refile with stronger allegations.

Why this matters for patients

If you are fighting for GLP-1 access, these cases are about who gets to advertise to you, what words they can use, and how far big pharma will go to shut down compounding.

The judge drew a line: if Lilly wants to take on compounding, they have to bring data. Real evidence of patients switching, scripts lost, or doctors misled. Not general statements about harm. For now, that leaves compounding pharmacies breathing easier, but the door is open for Lilly to come back swinging with a retooled complaint.

Will they? That is to be determined. Interestingly, in their most recent earnings call, Lilly Chair and CEO David Ricks, doubled down on previous statements that compounded medications were not affecting their bottom line, and that their stance against them is about patient safety.

Where this is heading

Lilly will almost certainly amend. If they do bring in survey data, physician declarations, or insurance records showing diverted business, this case could look very different in round two.

On The Pen will be tracking every filing, every twist. Because whether it is Lilly, Novo, the FDA, or the compounding pharmacies, the common thread is that patients are too often treated like consumers in a marketplace rather than people fighting for health.

Stay tuned to OnThePen.com for more updates and in-depth analysis on the latest developments in weight loss and diabetes treatments. Sharing this article is a powerful form of advocacy that brings us closer to our goal of educating the masses and reducing the stigma of obesity. If you found this article insightful, please share it within your networks, especially in Facebook groups and Reddit forums dedicated to GLP-1 medications and diabetes management. Together, we can make a difference.