PhRMA Challenges Constitutionality of California’s New Drug Pricing Transparency Law
On December 8, 2017, the Pharmaceutical Research and Manufacturers of America (PhRMA) filed a lawsuit in the US District Court for the Eastern District of California seeking to block California’s new drug transparency law. The complaint for Pharm. Research and Mfrs. of Am. v. Brown challenges a law that imposes on drug manufacturers onerous reporting and notification requirements related to pricing actions. The Arent Fox Health Care team previously summarized the requirements of California's Drug Pricing Transparency law (which was passed on October 11, 2017) in an October 20, 2017 Alert. PhRMA asserts that the law, particularly its advance notice requirements, violates the Commerce Clause, the First Amendment, and the Due Process Clause of the United States Constitution.
*This alert was originally posted on Arent Fox's Health Care Counsel blog. To read this alert in its entirety, please click here.