Arkansas’s first-of-its-kind law requiring drug makers to honor 340B pricing when covered entities use contract pharmacies to dispense 340B drugs is not preempted by the federal 340B statute since the state law applies only to the acquisition and delivery of 340B drugs, not to pricing, said Arkansas state officials in a responsive brief filed in Arkansas district court earlier this month.
The Sept. 8 filing responded to a lawsuit filed by drug industry trade group Pharmaceutical Research and Manufacturers of America, challenging an Arkansas law passed in May 2021 that explicitly prohibits drug manufacturers from denying 340B pricing or restricting access to drugs when covered entities contract with pharmacies to dispense 340B drugs to patients.
Arkansas’s first-of-its-kind law requiring drug makers to honor 340B pricing when covered entities use contract pharmacies to dispense 340B drugs is not preempted by the federal 340B statute since the state law applies only to the acquisition and delivery of 340B drugs, not to pricing, said Arkansas state officials in a responsive brief filed in Arkansas district court earlier this month.
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