Arkansas sues drugmakers over 340B access

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Arkansas Attorney General Tim Griffin has filed a lawsuit against 13 drug manufacturers and data management firm Second Sight Solutions, alleging they unlawfully restricted healthcare providers’ access to 340B drug discounts in violation of state law.

The July 22 lawsuit alleges the manufacturers imposed burdensome conditions on covered entities seeking to purchase discounted drugs through the federal 340B Drug Pricing Program, undermining Arkansas Act 1103 of 2021, according to a news release. Mr. Griffin said the restrictions reduced providers’ access to 340B savings that help fund care for uninsured patients, specialty services and rural healthcare.

The complaint also alleges the defendants coordinated the restrictions through a web platform operated by Second Sight Solutions. Arkansas claims the actions violated the Arkansas Deceptive Trade Practices Act and seeks civil penalties, injunctive relief to halt the restrictions in the state, and recovery of costs.

The lawsuit names AbbVie, Amgen, AstraZeneca, Boehringer Ingelheim, Bristol Myers Squibb, Eli Lilly, Genzyme, GlaxoSmithKline, Johnson & Johnson, Merck, Novartis, Novo Nordisk, Pfizer and Sanofi, along with related entities and Second Sight Solutions.

The suit lands in the middle of a broader, multi-front fight between drugmakers and 340B providers that has played out since manufacturers began shifting from upfront discounts to rebate models in 2024. Just a day before Arkansas filed suit, the U.S. Court of Appeals for the District of Columbia upheld a lower court’s finding that HHS’ has authority to approve or block those rebate plans, affirming a May 2025 ruling against Novartis, Bristol Myers Squibb and other manufacturers.

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