On September 30, 2024, the District Court for the Western District of Louisiana issued an opinion upholding Louisiana Act 358, which protects delivery of 340B drugs to contract pharmacies. The opinion addressed three cases that challenged the law, which were brought by PhRMA, AstraZeneca, and AbbVie. Powers represented the Louisiana Primary Care Association (LPCA), which intervened as a defendant in the cases to defend Act 358. PhRMA and the manufacturers raised various constitutional challenges to the law. The court granted motions by LPCA and the state arguing that Act 358 is constitutional. In a strongly worded opinion, the court dismissed each of the claims by PhRMA and the manufacturers.
The Louisiana victory is another major win against assaults by drug manufacturer stakeholders against state laws that require manufacturers to deliver 340B drugs to an unlimited number of contract pharmacies. In March 2024, the Eighth Circuit upheld Arkansas’ law in a challenge by PhRMA. More recently, two federal district courts denied attempts to enjoin implementation of Mississippi and Maryland laws protecting the right to receive 340B drugs at contract pharmacies.
The Powers 340B team will continue to monitor litigation challenging state laws that protect delivery of 340B drugs to contract pharmacies. For more information on this development, please contact Info@PowersLaw.com