The 340B program “has always been uniquely federal in nature” and “there is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over it, the brand drug industry said Friday in its latest brief in its lawsuit opposing Arkansas’s unique 340B contract pharmacy law.
Pharmaceutical Research and Manufacturers of America (PhRMA) is suing in federal district court in Little Rock to have state Act 1103 struck down and set aside on the ground that it is preempted by both the 340B statute and the federal Food, Drug, and Cosmetics Act (FDCA). The state Insurance Department and a group of Arkansas 340B covered entities are defending the law. The first-of-its-kind law says drug manufacturers may not:
The 340B program “has always been uniquely federal in nature” and “there is no room for states, pharmacies, or other interests to step in and try to supplant” the federal government’s exclusive control over it, the brand drug industry said Friday in its latest brief in its lawsuit opposing Arkansas’s unique 340B contract pharmacy law.
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