Epinephrine nasal spray maker ARS sues Aptar alleging device supply monopoly

AptarGroup

01/10/2025 16:26

By Mike Scarcella

Oct 1 (Reuters) - ARS Pharmaceuticals SPRY.O has filed an antitrust lawsuit against AptarGroup ATR.N, accusing the drug delivery device manufacturer of maintaining an illegal monopoly over key components used in ARS's epinephrine nasal spray, neffy.

In the complaint filed on Tuesday in federal court in San Diego, ARS alleges Aptar is using its control over critical inputs — including a specialized rubber plunger — to block ARS from sourcing lower-cost alternatives.

The complaint alleged Aptar violated antitrust law by “tying” the sale of its rubber plungers to its single-dose intranasal spray system for emergency-use drug applications.

ARS's neffy, approved by the U.S. Food and Drug Administration in 2024, is the country’s first needle-free epinephrine product for emergency treatment of severe allergic reactions.

Aptar and ARS did not immediately respond to requests for comment.

The lawsuit escalates a broader dispute between the two companies. Aptar is suing ARS in a separate lawsuit, accusing it of theft of trade secrets. ARS has denied the allegations.

ARS, based in San Diego, was founded in 2015 to develop an intranasal treatment for patients at risk of anaphylaxis, a life-threatening allergic reaction that can occur within seconds of being exposed to an allergen.

Before neffy, patients relied on injectable products like the EpiPen. ARS said its product is designed to be easier to carry and administer.

ARS said it depends on third-party manufacturers for critical components. While Silgan Dispensing Systems now offers a competing spray device, according to the lawsuit, Aptar’s conduct allegedly prevents ARS from shifting more of it demand to Silgan.

The complaint argues that Aptar’s actions have forced ARS to buy unwanted volumes of Aptar’s more expensive spray system, delaying competition from Silgan and inflating costs.

“Aptar’s conduct harms the competitive process and forestalls the growth of new competition,” the complaint said.

The company seeks treble damages and a permanent injunction to stop Aptar’s alleged exclusionary practices.

The case is ARS Pharmaceuticals Operations Inc v. AptarGroup Inc, U.S. District Court for the Southern District of California, No. 3:25-cv-02571-BJC-VET.

For plaintiff: Philip Bowman, David Burns and W. Chad Shear of Cooley

For defendant: No appearances yet

(Reporting by Mike Scarcella)