Pharmaceutical Executive August 7, 2023
Recent lawsuits are challenging the constitutionality of provisions in the Inflation Reduction Act.
As the feds began to roll out the rules and procedures for negotiating prices of drugs reimbursed by Medicare Part D plans, biopharma companies launched an attack on the legality of the controversial program. Merck took the lead in filing a detailed lawsuit on June 6 in the Washington, DC federal district court, claiming that the negotiation process established by the Inflation Reduction Act (IRA) violates the constitutional rights of manufacturers.1
Merck and Bristol Myers Squibb, which filed a similar lawsuit a few days later in New Jersey, charged that the Medicare price setting program would involve a “taking” of private property for public use without just...
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