JNJ, BMS’s IRA Loss Is First Time Court Rejects Industry’s First Amendment, Takings Claims
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May 02, 2024
Janssen Pharmaceutical Cos. and Bristol Myers Squibb Co. 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 opinion from Judge Zahid Quaraishi of the United States District Court in the District of New Jersey, adds to the list of industry’s legal arguments that have failed to successfully challenge the law. BMS already has appealed the judgement.
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