U.S. Third Circuit Court of Appeals
Two judges on a three-judge federal appeals court panel in Philadelphia today questioned whether the 340B statute forbids drug manufacturers from imposing distribution conditions on offers of 340B pricing.

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Two of Three Appeals Court Judges Question Government’s Stance That Drug Companies May Not Impose Conditions on 340B Sales

Two judges on a three-judge federal appeals court panel this morning challenged a federal government lawyer’s stance that federal law forbids drug manufacturers from limiting how their drugs may be distributed when they offer to sell the drugs at reduced 340B prices.

The U.S. Third Circuit Court of Appeals in Philadelphia heard arguments today in cases by AstraZeneca, Novo Nordisk, and Sanofi challenging the government’s May 2021 findings that the companies’ conditions on 340B covered entities’ use of contract pharmacies violate the 340B statute.

Two judges on a three-judge federal appeals court panel this morning challenged a federal government lawyer’s stance that federal law forbids drug manufacturers from limiting how their drugs may be distributed when they offer to sell the drugs at reduced 340B prices.

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