A federal district judge was right to decide that drug manufacturer Lilly cannot tie strings to 340B pricing on its drugs, the U.S. Justice Department told a federal appeals court in Chicago on Friday. But, DOJ said, the judge was wrong to decide that the government’s letter to Lilly telling the company its conditions on 340B pricing are illegal was arbitrary and capricious.
DOJ asked the U.S. Seventh Circuit Court of Appeals on June 24 to uphold the lower court’s October 2021 opinion that the 340B statute does not let manufacturers erect barriers to 340B pricing when entities use contract pharmacies.
A federal district judge was right to decide that drug manufacturer Lilly cannot tie strings to 340B pricing on its drugs, the U.S. Justice Department told a federal appeals court in Chicago on Friday.
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