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JNJ, BMS’s IRA Loss Is First Time Court Rejects Industry’s First Amendment, Takings Claims

 
• By Sarah Karlin-Smith

The fourth court loss for pharma in industry's attempts to kill Medicare’s drug price negotiation program adds to the list of reasons courts have rejected legal challenges to the Inflation Reduction Act.

toddler making a mess eating spaghetti
Pharma has thrown a lot of spaghetti at the wall in its IRA fight, but so far nothing has stuck. • Source: Shutterstock

Janssen Pharmaceutical Cos. and Bristol Myers Squibb Company failed to convince a district court judge that the Inflation Reduction Act’s drug price negotiation program violates the drug industry’s First Amendment rights, the Takings Clause of the Fifth Amendment or the Unconstitutional Conditions Doctrine, per a summary judgement issued in favor of the government 29 April.

The

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