The Inflation Reduction Act’s Drug Price Negotiation Program has been the subject of litigation since Congress passed it in 2022 in an effort to curb the cost to Medicare of brand-name pharmaceutical drugs. These challenges—initiated in federal court by major pharmaceutical manufacturers—have largely been unsuccessful, rejected in both federal district and appeals courts in the Second and Third Circuits, with writs of certiorari uniformly denied by the U.S. Supreme Court.

But all hope is not yet lost for pharmaceutical manufacturers’ opposition to the DPNP. A few challenges remain pending in the U.S. Courts of Appeals for the District of Columbia and Fifth Circuits, with the latter signaling potential receptiveness to the manufacturers’ positions at oral argument.

To continue reading Amy Vegari and Sarah Brand's article in The National Law Journal, click here.