Arkansas
Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the federal Food, Drug, and Cosmetic Act, a judge ruled yesterday.

Breaking: Federal Law Doesn’t Preempt Arkansas’s Novel 340B Contract Pharmacy Law, Judge Rules

A federal district judge ruled yesterday that Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the U.S. Food and Drug Administration’s Risk Evaluation and Mitigation Strategies requirements.

U.S. Senior District Judge Billy Roy Wilson’s Dec. 12 opinion is a setback for Pharmaceutical Research and Manufacturers of America, which sued to have the law declared illegal and unconstitutional. Proceedings in the case will now turn to PhRMA’s arguments that the state law violates the federal constitution’s Commerce Clause.

A federal district judge ruled yesterday that Arkansas’s novel 340B anti-discrimination law is not preempted by the 340B statute nor by the U.S. Food and Drug Administration’s Risk Evaluation and Mitigation Strategies requirements.

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