The U.S. Court of Appeals for the 5th Circuit upheld a Mississippi court decision to deny drugmaker AbbVie’s request for a preliminary injunction against a state law protecting access to 340B drug pricing.
The ruling follows a coalition of hospital groups — including the American Hospital Association, 340B Health, the Mississippi Hospital Association, the Rural Hospital Alliance and the American Society of Health-System Pharmacists — filing an amicus brief defending the Mississippi 340B law.
In the brief, hospital groups argued the program is designed to help safety-net providers deliver affordable care to vulnerable communities and stressed the drugmaker’s restrictions undercut the program’s original intent.
In addition to the 5th Circuit ruling, other courts have recently rejected drug manufacturers’ arguments that state 340B protections are preempted by 340B law, with courts in Arkansas and Louisiana upholding state authority for 340B programs.
