Two of three judges on a federal appeals court panel yesterday repeatedly asked lawyers during a highly anticipated hearing in Washington, D.C., what standard the court should use to decide whether drug manufacturers’ 340B contract pharmacy conditions are legal.
The judges indicated they would vote to uphold a lower court’s November 2021 decision rejecting the federal government’s stance that the 340B statute bars all such conditions. If they do, it would be a setback for the federal government and 340B covered entities and a victory for pharmaceutical manufacturers.
Two of three judges on a federal appeals court panel yesterday repeatedly asked lawyers during a highly anticipated hearing in Washington, D.C., what standard the court should use to decide whether drug manufacturers’ 340B contract pharmacy conditions are legal.
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