U.S. Chief District Judge Freda Wolfson ruled today that Sanofi and Novo Nordisk's 340B contract pharmacy policies violate the 340B statute. But she declined to decide whether the 340B statute permits covered entities to use multiple or unlimited contract pharmacies.

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Breaking: Federal Judge Hands Down Mixed Opinion in Sanofi and Novo Nordisk’s 340B Contract Pharmacy Lawsuits

A federal district judge this afternoon upheld the federal government’s finding that drug manufacturers Sanofi and Novo Nordisk cannot unilaterally impose restrictions on offers of 340B pricing to covered entities and that their policies must cease.

U.S. Chief District Judge Freda Wolfson of the District of New Jersey, however, vacated the government’s May 17 findings that the companies owe credits or refunds to covered entities and face civil monetary penalties “to the extent that such determinations may depend on the number of permissible contract pharmacy arrangements under the 340B statute.”

A federal district judge this afternoon upheld the federal government’s finding that drug manufacturers Sanofi and Novo Nordisk cannot unilaterally impose restrictions on offers of 340B pricing to covered entities and that their policies must cease. But she also vacated the government’s May 17 findings that the companies owe credits or refunds to covered entities and face civil monetary penalties “to the extent that such determinations may depend on the number of permissible contract pharmacy arrangements under the 340B statute.”

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