Generic Drug Trade Group: Md. Price Gouging Law Is Unconstitutional, Will Harm Patients
The Association for Accessible Medicines is suing the state, saying the legislation grants Maryland power to regulate sales outside its borders.
The Baltimore Sun:
Drug Firms Challenge Maryland Price-Gouging Law
Drug companies asked a federal judge on Thursday to throw out Maryland's new prescription drug price gouging law, saying the state's first-in-the-nation measure is both unconstitutional and vague. A trade association representing generic drug firms filed a lawsuit in U.S. District Court on Thursday challenging the law, which takes effect in October and allows Attorney General Brian E. Frosh to prosecute some manufacturers that impose "unconscionable" price hikes. (Cox, 7/6)
Stat:
Generic Trade Group Sues Maryland Over 'Unconstitutional' Price Gouging Law
In making its case, the Association for Accessible Medicines argued the law violates interstate commerce by giving Maryland officials the right to govern business outside the state, effectively providing “unprecedented powers to regulate the national pharmaceutical market.” The trade group also maintained the law too vaguely defines “excessive” pricing, which would violate due process. (Silverman, 7/6)
The Washington Post:
Drug Trade Group Sues Maryland Over First-In-The-Nation Price-Gouging Law
In a federal lawsuit filed Thursday against state Attorney General Brian E. Frosh (D) and Dennis Schrader, the secretary of the state Department of Health, the Association for Accessible Medicines asked the U.S. District Court of Maryland in Greenbelt for an injunction to block the law, which it argues is unconstitutional. “It will harm patients and our communities by reducing choice and limiting access to essential medicines that people need,” Chip Davis, chief executive officer of the association, said in a statement. (Wiggins, 7/6)
The Wall Street Journal:
Maryland Sued By Generic-Drug Trade Group Over New Pricing Law
The law, enacted in May and set to take effect in October, bars “unconscionable” price increases for generic drugs. It authorizes the Maryland attorney general to sue companies to try to roll back certain price hikes and seek civil penalties of $10,000 per violation. It was enacted in response to what supporters said were unjustified price increases for older drugs that are essential to patients’ health, such as Turing Pharmaceuticals’ 5000% increase in the price of the antiparasitic drug Daraprim in 2015. (Loftus, 7/6)