A federal district judge in Trenton, N.J., this week denied drug makers’ Novo Nordisk and Sanofi’s motions to temporarily stop federal health officials from forcing the companies to immediately resume offering 340B pricing when covered entities use contract pharmacies.

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A federal district judge in Trenton, N.J., this week denied drug makers’ Novo Nordisk and Sanofi’s motions to temporarily stop federal health officials from forcing the companies to immediately resume offering 340B pricing when covered entities use contract pharmacies. If the government imposes associated civil monetary penalties (CMPs) against the companies, however, the judge said they can renew their requests.

Both companies are trying to stop the U.S. Health and Human Services Department (HHS) from enforcing a Dec. 30 advisory opinion that drug manufacturers must offer 340B pricing when covered entities use contract pharmacies. The companies say they do not need to do so because 340B price reductions in contract pharmacy arrangements go to the pharmacies, not to the entities, and the 340B statute says they have to give discounts only to entities. The government says entities, not their pharmacy partners, are the drug purchasers in contract pharmacy arrangements, and drug companies have to offer 340B pricing.

A federal district judge in Trenton, N.J., this week denied drug makers’ Novo Nordisk and Sanofi’s motions to temporarily stop federal health officials from forcing the companies to immediately resume offering 340B pricing when covered entities use contract pharmacies. If the government imposes associated civil monetary penalties (CMPs) against the companies, however, the judge said they can renew their requests.

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