The federal government wants the U.S. Third Circuit Court of Appeals to partially uphold and partially overturn a lower court's opinion in Novo Nordisk and Sanofi's consolidated 340B contract pharmacy cases.

Feds Ask Appeals Court to Uphold HRSA’s 340B Program Violation Letters to Novo Nordisk and Sanofi

A federal district judge was right to rule last November that drug makers Novo Nordisk and Sanofi may not tie strings to 340B pricing when providers use contract pharmacies, the federal government told a federal appeals court in Philadelphia last week.

But the judge was wrong, the government said, to throw out 340B program violation findings against the companies on the grounds it is unclear whether there is a limit on how many 340B contract pharmacy arrangements a provider may have.

A federal district judge was right to rule last November that drug makers Novo Nordisk and Sanofi may not tie strings to 340B pricing when providers use contract pharmacies, the federal government told a federal appeals court in Philadelphia last week.

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