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The federal government wants an appeals court to rule that drug manufacturer AstraZeneca may not unilaterally dictate how many contract pharmacies a 340B covered entity may use to dispense 340B drugs.

Feds Urge Appeals Court to Overrule Lower Court in AstraZeneca’s 340B Contract Pharmacy Lawsuit

The federal government told a federal appeals court in Philadelphia yesterday it should use “the familiar tools of statutory interpretation” to hold that drug manufacturer AstraZeneca may not unilaterally dictate how many contract pharmacies a 340B covered entity may use to dispense 340B drugs.

Government lawyers yesterday filed their opening brief in the U.S. Third Circuit Court of Appeals in their challenge to a federal district court’s decision in February striking down and vacating the U.S. Health Resources and Services Administration’s (HRSA) May 2021 letter telling Astra its 340B contract pharmacy policy was illegal. Astra’s deadline to respond has not yet been set but likely will be in the latter half of July.

The federal government told a federal appeals court in Philadelphia yesterday it should use “the familiar tools of statutory interpretation” to hold that drug manufacturer AstraZeneca may not unilaterally dictate how many contract pharmacies a 340B covered entity may use to dispense 340B drugs.

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