Pharmaceutical Manufacturers Win 340B Contract Pharmacy Case

Strategic Insights -

The US Court of Appeals for the Third Circuit has ruled in favor of Sanofi, Novo Nordisk, and AstraZeneca in a case regarding 340B contract pharmacies. The ruling has significant implications for the pharmaceutical industry, and similar cases are pending in the District of Columbia and Seventh Circuit courts. This decision does not settle the issue, and other courts may side with the Department of Health and Human Services (HHS).

The American Society of Health-System Pharmacists (ASHP) has expressed disappointment with the ruling and remains committed to safeguarding the 340B program. ASHP has filed an amicus brief supporting HHS in this case and is continuing aggressive advocacy efforts to protect the program.

Key Takeaways:

  • The US Court of Appeals for the Third Circuit ruled in favor of Sanofi, Novo Nordisk, and AstraZeneca in a case regarding 340B contract pharmacies.
  • The ruling has significant implications for the pharmaceutical industry, and similar cases are pending in the District of Columbia and Seventh Circuit courts.
  • The American Society of Health-System Pharmacists (ASHP) has expressed disappointment with the ruling and remains committed to safeguarding the 340B program.
  • ASHP will continue aggressive advocacy efforts to protect the program, including a joint national advocacy effort and a digital campaign opposing pharmaceutical manufacturers' actions.
  • ASHP mobilized its members to write to their federal legislators urging them to protect the program.
  • Similar cases are pending in two other appellate courts, which may lead to a circuit split that would need to be resolved by the US Supreme Court.

Statistics:

  • 3 pharmaceutical companies (Sanofi, Novo Nordisk, and AstraZeneca) won the case in the US Court of Appeals for the Third Circuit.
  • 2 other appellate courts (District of Columbia and Seventh Circuit) have similar cases pending in the US Court of Appeals.
  • 1 The American Society of Health-System Pharmacists (ASHP) has filed an amicus brief supporting HHS in this case and is continuing aggressive advocacy efforts to protect the program.
  • 1 US Supreme Court may have to resolve a potential circuit split if the other courts do not side with HHS.

Sources:

  • American Society of Health-System Pharmacists [Category: Pharmaceuticals, Biotechnology, Regulatory and Legal]