Robert Charrow—the U.S. Health and Human Services (HHS) general counsel who memorably opined that drug companies must offer their products at or below the 340B ceiling price “be it the lunar surface, low-earth orbit, or a neighborhood pharmacy”—has rejoined his law firm.
Greenberg Traurig announced Charrow’s return as senior chairman of the firm’s health care FDA practice yesterday. In late December, Charrow wrote in an HHS advisory opinion that the 340B statute requires manufacturers to offer their products for purchase by covered entities at or below the 340B ceiling price, “not qualified, restricted, or dependent on how the covered entity chooses to distribute the covered outpatient drugs.” Eli Lilly, AstraZeneca, Sanofi, and Novo Nordisk have asked federal courts to stop HHS from enforcing Charrow’s legal opinion.
Charrow served as HHS general counsel under President Trump from 2018 through the end of the administration. He served as HHS principal deputy counsel and deputy general counsel under President Reagan from 1985 to 1989.