The Department of Justice filed a brief supporting AbbVie in its appeal challenging Colorado’s 340B Contract Pharmacy Protection Act.
In a Feb. 25 filing with the 10th U.S. Circuit Court of Appeals, the department argued the Colorado law is preempted by federal law and violates the Supremacy Clause because it “interferes with and obstructs” the federal 340B Drug Pricing Program. The Justice Department said Congress centralized oversight and enforcement of the 340B program within HHS and did not authorize states to impose additional conditions on participating manufacturers.
The filing contends Colorado’s law targets manufacturers participating in the 340B program by prohibiting them from restricting contract pharmacy arrangements, effectively adding state-level requirements to a federal program.
The appeal follows an Oct. 31 decision by the U.S. District Court denying AbbVie’s request for a preliminary injunction. The court ruled the company did not show a substantial likelihood of success on the merits. Courts in Maine and Tennessee have also denied similar injunction requests from drugmakers challenging state 340B contract pharmacy protections.
