U.S. District Judge Dabney Friedrich said today she agreed with another federal judge that the plain text of the 340B statute "doesn't speak" to contract pharmacy.

Judge Expresses Doubt About Government’s Position During Arguments in Novartis and United Therapeutics’ 340B Contract Pharmacy Lawsuits

A federal district judge said today she “has a hard time following” the federal government’s argument that the 340B statute requires drug manufacturers to honor covered entities’ drug purchases no matter how entities choose to distribute the medicines.

“It seems like there’s a really big gap in the statute,” U.S. District Judge Dabney Friedrich said during an Oct. 12 hearing on manufacturers’ Novartis and United Therapeutics’ requests that she strike down federal health agency findings that the two companies’ 340B contract pharmacy policies are illegal. Friedrich consolidated the two cases for arguments on all pending motions.

A federal district judge said today she “has a hard time following” the federal government’s argument that the 340B statute requires drug manufacturers to honor covered entities’ drug purchases no matter how entities choose the distribute the medicines.

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