DENVER — Colorado Attorney General Phil Weiser is calling for compliance after a Scripps News Denver Investigates hidden camera operation exposed multiple area pharmacies were not following a state law making EpiPens more affordable.
"Pharmacies are on notice right now. They need to follow the law," Weiser said.
On January 1, House Bill 23-1002 made epinephrine injectors, commonly known by the brand EpiPen, available for $60 to qualifying residents. This is considerably lower than the up to $700 price tag a two-pack can cost for those without insurance.
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Hidden camera tests reveal pitfalls in Colo. law making EpiPens more affordable
High school rugby player Jackson Pugh is one of 500,000 Coloradans who need access to EpiPens.
"It's still kind of nerve-wracking thinking if I eat something wrong it could be life-threatening," he said.
Pugh has a deadly peanut allergy, which is why he and his mother testified in front of state lawmakers last year to help pass HB 23-1002.
"It's kind of unacceptable that they're so cheap to make and they're extremely expensive," Pugh said.
Months after the program's rollout, multiple people came forward, telling Denver7 Investigates they could not find a pharmacy that honored the cost cut. Scripps News Denver went undercover at multiple locations in the Denver metro area to find out why the law was being followed.
“Us as pharmacists, and us as a company, don't know what to do,” said a manager at one location when asked by a Denver7 producer if they honored the $60 value.
“I honestly think most places just didn't know how to handle it,” said a pharmacy employee at another location.
“You're my first person to do this… so I don't know what I'm doing yet,” another pharmacist said.
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Some pharmacies not complying with Colorado's EpiPen price cap law
In March, Scripps News Denver Investigates brought footage of what was uncovered to the bill’s co-sponsor, who admitted the law was not working. But eight months after the rollout, Weiser said some pharmacies are still not following Colorado law.
"Pharmacies need to understand the message," Weiser said. "We appreciate you putting a spotlight on this issue. The fact is pharmacies should not be playing games."
"I think it's just unacceptable. Why are you so greedy for money?" Pugh reacted. "If a law isn't necessarily enforced, people aren't going to follow it because they either say they don't know or think they won't get caught."
Weiser said his office sent letters specifically to Walgreens, Kroger, Albertsons, and CVS.
"We heard from consumers they are not following the law. That's not okay. We put them specifically on notice. They need to follow the law or there will be consequences," he said.
The new law not only requires pharmacies to offer the $60 price when families know about the program, but it also requires pharmacies to inform eligible families who might not be aware of the deep discount.
Weiser's letter also puts pressure on area pharmacies to follow the law whether or not the auto-injector manufacturers comply with the cost cut.
If you know of a pharmacy not following the law, you can submit a complaint through this link.
