DOJ says Novo Nordisk’s claim that HHS's 340B contract pharmacy advisory opinion would make it break the law “is mere legerdemain.”

DOJ Cites 1996 HRSA Letter to PhRMA in Request to Dismiss Novo Nordisk’s 340B Contract Pharmacy Suit

Novo Nordisk’s claim that a federal legal advisory opinion on 340B contract pharmacy would make it unlawfully transfer its drugs to ineligible pharmacies and ineligible patients “is mere legerdemain” (slight of hand), government lawyers for U.S. Health and Human Services (HHS) Secretary Xavier Becerra told a federal district judge in Trenton, N.J., Tuesday.

Chief Judge Freda Wolfson should either dismiss Novo Nordisk’s claims against Becerra over whether it must offer 340B pricing on drugs dispensed by contract pharmacies, or the judge should summarily decide the case in Becerra’s favor, the U.S. Justice Department (DOJ) said in a May 11 filing in the case.

Novo Nordisk’s claim that a federal legal advisory opinion on 340B contract pharmacy would make it unlawfully transfer its drugs to ineligible pharmacies and ineligible patients “is mere legerdemain” (slight of hand), government lawyers for U.S. Health and Human Services (HHS) Secretary Xavier Becerra told a federal district judge in Trenton, N.J., Tuesday.

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