It has been a week of odds and ends so if you’re catching up after ignoring your emails, you didn’t miss a ton.

Honestly, it seems like a good time to be a DC law firm working on pharmaceutical issues. You have the usual Inflation Reduction Act submissions, comment letters (which, for what it is worth, consultant like me write them too) but also just law suits galore.

Upper Payment Limit Fun. Amgen filed a suit against Colorado’s prescription drug affordability board’s (PDABs) to put an upper price limit on Enbrel. They believe it goes against patent law, the legislation behind the process is too vague and it goes against Medicare’s ability to determine pricing.

Not so Fast. AstraZeneca filed a suit against Arkansas for their attempt to force companies to supply to all 340B contract pharmacies. The suit rests on the idea that the state can’t require a manufacturer to supply to unlimited contract pharmacy arrangements.

Not how it works. Senator Bernie Sanders called for Novo Nordisk to cut the price of Ozempic and Wegovy to $155, citing the price in Canada and the cost to manufacturer the drugs. Which isn’t how drugs are priced in the United States. We price based on value and market dynamics. There are factors like discounts, rebates, 340B, Medicaid, VA, etc. to consider not to mention patient support programs. P that allow commercial patients to access the drugs at a very reduced rate. One day (soonish) these drugs will be generic and we’ll pay much much less.

While on the topic …

A nice piece from AEI on how much Medicare is already spending on the GLP-1s for diabetes and the obesity drugs. And that is before Medicare coverage for the obesity products are really up for coverage.

All Squeeze, no Juice. Maryland named the 8 drugs up for cost review as part of its PDAB. It’s final selection will be made in a few weeks. Personally I’m not sure I get it – Farxiga is on the list. As a diabetes drug in a competitive class, I would assume it already gets good discounts/rebates?