Tuesday, June 6, 2017

Worse Than You Thought?

There was an interesting article on the New York Times site this week about a company called Mylan, which is probably best known for the scandal that erupted last year over alleged price gouging over the emergency epinephrine injector marketed under the trade name “EpiPen.” Readers who follow such things (assuming I have readers) may recall last summer, when there was a national outcry about this product, which contains less than $1 worth of the drug, but retails for $609 for a box of two. There were various accusations, claims and counter-claims, and the sort of official corporate statements that make people who don’t know any better wonder if command economies are really so bad (spoiler alert: they are). One might reasonably assume that the company would have done something about the situation by now…

Unfortunately, that assumption does not appear to be supported by the observable evidence. According to Times columnist Charles Duhigg, the company is still charging $609 for two name-brand EpiPens, or about $370 for the generic versions. The company insists that it isn’t doing anything wrong, and when challenged on this its CEO pointed out the on-line coupon and discount programs that can bring the consumer’s cost down below $100 per package. All of this appears to be correct, or at least Mr. Duhigg was able to confirm it when he looked up the offers in question. The real question seems to be why this situation is still going on a year after it made national headlines? Did the company restore its prices to the infuriating levels once the public outrage died down? Actually, it’s worse than that…

According to the linked article, the company has never actually lowered the prices on this product, although they have released the generic version and started up the discount and coupon programs over the past year. It’s probably also worth pointing out that despite the preposterous television commercial Mylan ran last year – it’s probably what drew enough attention to push the whole situation into the public consciousness in the first place – the EpiPen was never intended as anything other than an emergency measure to stop a life-threatening allergic reaction after everything else fails. Unless the user is extremely careless – or exceptionally unlucky – the only time they should need to buy a new EpiPen is when their current ones expire. But even considering that this isn’t a purchase anyone should have to make more than once every few years, there’s still the question of why the company hasn’t taken any real effort to lower the price. It turns out that this is also worse than you’d expect…

Put simply, all the company did was issue some ass-covering public relations measures and wait for the outrage to blow over – because that’s all it needed to do. In today’s Internet culture most people will have moved on to another scandal within a few days – which is as much a comment on the number of horrific news stories that come up these days as it is about the attention span of most people with access to multiple media. In such cases it usually helps if the outrage spreads to the shareholders of the company, or at least to the employees, but in this case both groups DID complain to senior management, only to be brushed off as part of the same stalling tactics. It’s unclear how much longer senior management and the Board of Directors a Mylan might have continued with these tactics if Federal regulators hadn’t announced that they were investigating the company for overcharging Medicaid by $1.27 billion for the aforementioned EpiPens…

Now it would appear that a group of pension fund managers, who control large blocks of Mylan stock, are planning to unseat most of the Mylan board for what their press release called “new lows in corporate stewardship.” The Times story also notes that Mylan’s chairman was paid $97 million in 2016, which was more than the salaries of the chief executives at Disney, GE and Wal-Mart combined. I can’t speak for anyone else, but I’d certainly be demanding my money back if I was one of the stockholders. And I hope somebody does, because while this may be a new low in terms of ethics and decency, unless the people who actually own these corporations (generally the stockholders) and the governments that give them money (that’s your government, folks) don’t start paying attention, and demanding better management practices, I’m reasonably sure that there will be something even worse coming along any time now…

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