Lawyers for HHS have asked federal courts in Indianapolis (above) and New Jersey to dismiss 340B-related lawsuits against the department brought by drugmakers Eli Lilly and Sanofi.

Feds Asks Courts to Reject Lilly and Sanofi’s 340B “Self-Help”

U.S. Justice Department (DOJ) lawyers asked federal district courts in Indiana and New Jersey this week to condemn, not condone, drugmakers Eli Lilly and Sanofi’s “extra-statutory self-help efforts to rewrite” the 340B statute “under the guise of ‘program integrity’” and thereby “deny covered entities access to the discounts to which they are statutorily entitled.”

DOJ is defending the U.S. Health and Human Services Department (HHS) in separate lawsuits filed by Lilly, Sanofi, and drug companies AstraZeneca and Novo Nordisk. All four companies want federal judges to set aside HHS’s Dec. 30 advisory opinion that drug makers must provide 340B discounts when covered entities use contract pharmacies to dispense drugs. Lilly and Sanofi also want judges to declare HHS’s 340B administrative dispute resolution (ADR) system unconstitutional and illegal.

U.S. Justice Department (DOJ) lawyers asked federal district courts in Indiana and New Jersey this week to condemn, not condone, drugmakers Eli Lilly and Sanofi’s “extra-statutory self-help efforts to rewrite” the 340B statute “under the guise of ‘program integrity’” and thereby “deny covered entities access to the discounts to which they are statutorily entitled.”

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