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Merck Suit Against Medicare: Constitutional Arguments Are Scathing, But Are They Persuasive?

 
• By Cathy Kelly

A suit designed to test the limits of the protections against judicial review that are embedded in the IRA could have more traction, some legal scholars suggest.

Merck's 'Medicare Is Coercing Me' Complaint Has A long, And Unsuccessful, lineage. • Source: Shutterstock

Merck & Co., Inc.’s go-it-alone lawsuit against the US Health and Human Services Department over the government’s implementation of the Medicare price negotiation program offers a vividly-worded description of the injuries facing companies targeted for price negotiation. But its arguments that the law violates the Constitution raise questions for some industry watchers.

Key Takeaways

  • Merck’s First and Fifth Amendment challenges of the drug price negotiation program are described by one legal expert as ‘very, very weak.’

Filed 6 June, the company’s complaint seeks declaratory judgment that the nascent negotiation program violates the First and Fifth...

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Pink Sheet Podcast: The US and Ex-US Impact Of Most-Favored Nation Drug Pricing

 
• By Derrick Gingery, Francesca Bruce, Cathy Kelly, and Nielsen Hobbs

Pink Sheet reporter and editors discuss the potential impact of the Most-Favored Nation drug pricing proposal on Europe, the United States, as well as the pharmaceutical industry.

Blenrep’s Comeback Continues As England Becomes First To Fund Drug

 
• By Eliza Slawther

Blenrep, GSK’s multiple myeloma therapy, faced a major setback when it was withdrawn from the market in 2022. The drug has since made a return as a second-line therapy, and is on track to being reimbursed in England.

PCMA, CVS, Cigna File Lawsuits Over ‘Dangerous’ Arkansas PBM Law

 
• By Tim Casey

The suits are an early test of the Arkansas law banning company ownership of PBMs and pharmacies in the state, as other states consider similar legislation.

Medicare Part D LIS Access Threatened By House Budget Bill’s Medicaid Obstacles

 
• By Cathy Kelly

An unintended consequence of a provision framed as an administrative change in the bill could significantly reduce medication adherence among low-income older adults and increase mortality, a study found.

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Recent And Upcoming FDA Advisory Committee Meetings

 
• By Sue Sutter

Recent and upcoming US FDA advisory committee meetings and a summary of the topics covered.

UK-Wide Strategy Needed To Move Clinical Trial Diversity Plans To Next Stage

 
• By Vibha Sharma

The UK’s research-based pharma industry and medical research charities have set out clear action points to drive greater diversity and inclusion in clinical trials.

Blenrep’s Comeback Continues As England Becomes First To Fund Drug

 
• By Eliza Slawther

Blenrep, GSK’s multiple myeloma therapy, faced a major setback when it was withdrawn from the market in 2022. The drug has since made a return as a second-line therapy, and is on track to being reimbursed in England.