Pharmaceutical Research and Manufacturers of America asked a U.S. appeals court in St. Louis, Mo. last week to strike down Arkansas’s first-of-its-kind 340B contract pharmacy law, arguing that it intrudes on the 340B statute and frustrates Congress’ intent to limit 340B and its burdens on drug manufacturers.
PhRMA is appealing a federal district judge’s ruling in December that Arkansas Act 1103 is preempted by neither the 340B statute nor the Food, Drug and Cosmetic Act (FDCA). The law says manufacturers (1) may not prohibit pharmacies from contracting with 340B covered entities by denying access to the drugs they make and (2) may not deny 340B pricing “for an Arkansas-based community pharmacy” that receives 340B-purchased drugs under a 340B contract pharmacy arrangement. It was passed in May 2021 and the state insurance department published implementing regulations in September 2022.
Pharmaceutical Research and Manufacturers of America asked a U.S. appeals court last week to strike down Arkansas’s first-of-its-kind 340B contract pharmacy law, arguing that it intrudes on the 340B statute and frustrates Congress’ intent to limit 340B and its burdens on drug manufacturers.
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