Pharma's 340B Legal Disputes Over Contract Pharmacies May Get A Boost With Chevron Ruling

But the overall impact of the Supreme Court decision may not seem as “immediate” in 340B compared to other federal programs.

Rebalancing The Power Between Executive Agencies And The Judiciary • Source: Shutterstock (Shutterstock)

The Supreme Court’s recent decision to overturn the Chevron doctrine, which means lower courts may no longer defer to federal agencies’ “reasonable” interpretations of ambiguous statutes, could help manufacturers prevail in ongoing lawsuits challenging the participation of contract pharmacies in the 340B drug discount program.

Key Takeaways

  • Supreme Court ruling overturning the Chevron doctrine could help manufacturers prevail in 340B contract pharmacy litigation against the Health Resources and Services Administration.

The decision is also expected to support litigation challenging a range of regulatory actions by the US Food and Drug...

Pink Sheet Podcast

Learn what's happening at the US FDA. On the go.

Derrick Gingery and the team bring you a weekly "Drug Fix".

More from Pricing Debate

PS-MarketAccess (Premium-2): Why Financial Scammers Are So Successful Targeting Doctors

 
• By 

Doctors are increasingly falling victim to financial scams due to their high incomes, busy schedules, and trust in professional networks. Recognizing the tactics scammers use and the reasons behind physicians’ susceptibility is essential for protecting medical professionals.

Senate Hearing On Ozempic, Wegovy Highlights Concerns About PBMs, International Price Disparities

 
• By 

Senate HELP Committee chair Sanders trying to broker a deal between Novo Nordisk and the major pharmacy benefit managers that will lead to lower list prices.

‘Alternative' PBMs Say Vertical Integration Unfairly Carving Them Out Of The Game

 

Alternatives to the top pharmacy benefits managers argue health plan-PBM integration is leading to anti-competitive tactics that make it impossible for some employers to switch PBMs.

US FDA Biologics Designation As Price Protection: Lilly Charts New Course With Retatrutide

 
• By 

An effort to change the US Food and Drug Administration’s conclusion that its obesity treatment candidate retatrutide is a drug and not a biologic could give the product more time with unrestricted pricing in Medicare, among other benefits.

More from Market Access

analysis

Shot Across The Bow? Express Scripts Lawsuit Seeks To Derail Fall-Out From FTC PBM Report

 
• By 

Pharmacy benefit manager sues Federal Trade Commission claiming chair Khan has orchestrated a campaign against PBMs that is not based in fact.

‘Alternative' PBMs Say Vertical Integration Unfairly Carving Them Out Of The Game

 

Alternatives to the top pharmacy benefits managers argue health plan-PBM integration is leading to anti-competitive tactics that make it impossible for some employers to switch PBMs.

UK MHRA First-Half New Drug Approvals Show Overwhelming Use Of EU Reliance Procedures

 
• By 

The UK regulator approved 16 medicines containing a new active substance in the first half of this year, while the European Commission issued marketing authorizations for 20 NAS-containing drugs.