Mylan (MYL) has turned down Republican Sen. Chuck Grassley's invitation to testify on its pricing practices for EpiPen in front of the Senate Committee on Judiciary at the end of November.
Grassley, the Iowa senator who is the head of Justice Committee previously urged the pharmaceutical company to appear in front of the Senate to discuss "overcharges to the taxpayers through the Medicaid Drug Rebate Program."
Latham & Watkins global co-chair of the white collar defense and investigations practice and a partner in the litigation and trial department, Kathryn Ruemmler, penned a letter on behalf of Mylan to Grassley, declining the offer. That letter was made public late Nov. 21.
"I don't think it's very surprising," Bernstein analyst Ronny Gal wrote via email. "There is no signed agreement, the Department of Justice declined to respond, there is really no content for them to explain or discuss."
Mylan has come under fire for its pricing strategy surrounding its anaphylaxis device, EpiPen, which saw price increases from the company 25% year-over-year. The drug industry average is 10% increasing in prices. Patients reported that EpiPens cost $600 per two-pack earlier this year.
Myland CEO Heather Bresch did testify before the House Oversight and Government Reform Committee in September.
Since these problems came to a head over the summer, Mylan has offered coupons and programs for low income patients that reduce the device's price for the most vulnerable customers.
Then came information that Mylan was misclassified by the Center for Medicare and Medicaid Services for years, which allowed the company to collect more money for its device.