Taking State AGs' Temperature On Covid Tests

Consumers across the country have been scrambling to get their hands on convenient and quick at-home Covid tests for weeks as the Omicron variant surge has gripped the country. With President Biden's recent announcement that insurance plans will cover the costs of certain at-home Covid that started January 15 and the rollout of hundreds of millions of free tests, this trend is unlikely to wane any time soon. State AGs have taken notice, and we have seen many issue consumer alerts warning consumers about fake tests, illegitimate "popup" Covid test sites, and price gouging.

But what can the AGs do about the Covid test shortage? It depends on what test issues they are seeing.

If the AGs are seeing price gouging complaints regarding Covid testing at a clinic, pharmacy, online (including on social media), or at retail locations, they will likely make inquiries or send Civil Investigative Demands. These inquiries could be directed at the business itself or used to