The pharmaceutical trade group PhRMA has entered the fray, joining BMS and Merck in filing legal challenges against the upcoming US Medicare drug pricing negotiations. Unlike the arguments raised by the two pharma giants’ complaints, which centered on the First Amendment, PhRMA’s argument hinges on fines imposed on manufacturers who do not work with the negotiation process violates the Eighth Amendment. In addition to pharma, the Global Colon Cancer Association and the National Infusion Center Association have filed their own suits.
According to Zoey Becker, “PhRMA and the other groups also raised arguments over the Fifth Amendment’s Due Process Clause, which is typically used in criminal procedures. They argue that the IRA breaches the clause by denying public input on how the law will be implemented. Additionally, the lawsuit cries foul on the broad authority Congress delegated to the HHS to set these prices, calling the action in conflict with the Constitution’s separation-of-powers principles.”
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(Source: Fierce Pharma, June 22nd, 2023)