On June 6, Merck filed suit against CMS and HHS, and the global drugmaker accused the new law of violating the First and Fifth Amendments. In the lawsuit, Merck said the future negotiations are “tantamount to extortion.”
In a press briefing later that day, White House Press Secretary Karine Jean-Pierre said this claim is false.
“There is nothing […] in the Constitution that prevents Medicare from negotiating lower drug prices,” Ms. Jean-Pierre said. “Anytime profits of the pharmaceutical industry are challenged, they make claims about it hindering their ability to innovate.”
In January, HHS said it will publish the 10 selected drugs up for negotiation by Sept. 1. Depending on how the case goes, this deadline might be postponed.
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