Forbes March 9, 2024
A district court judge in New Jersey heard oral arguments this week with respect to claims brought forth by four pharmaceutical companies that the Inflation Reduction Act’s drug price negotiation provision violates certain constitutional rights. According to Law360, the judge presiding over the case appeared “particularly doubtful about the companies’ position that the negotiation program amounted to an unconstitutional taking of their property.” Further, Endpoints News noted that the judge seemed “skeptical” of the plaintiffs’ arguments that participation in the program was not voluntary.
Legal challenges to the Medicare drug price negotiation provision contained in the IRA have thus far faced skeptical judges. The overarching theme of the court dismissals has been that negotiated prices for drugs cannot be considered...
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