Case Description
New York reached an agreement with Emergent BioSolutions, manufacturers of the opioid overdose reversal nasal spray NARCAN, to allow additional companies to gain access to the nasal spray delivery devices developed by Emergent. In February 2016, Adapt Pharma, Inc. launched a naloxone nasal spray, branded as NARCAN, in the United States. Naloxone has been used by first responders and others for the emergency treatment of opioid overdoses, but NARCAN’s nasal spray device made it a convenient, non-invasive option that can be used safely, easily, effectively, and without risk by any person without any sort of medical training. Before being acquired by Emergent, Adapt entered into a contract with the manufacturer of the nasal spray device used in NARCAN which may have had the effect of restricting the nasal spray device manufacturer from supplying similar devices to other companies attempting to develop their own nasal nalmefene product. Emergent and the state entered an agreement to ensure Emergent no longer enforced the terms of the previously negotiated exclusivity contract. Additionally, Emergent renegotiated the contract with its nasal spray device manufacturer.
