Generics Firms Can't Halt Maryland's 'Price Gouging' Law
Judge rejects Association for Accessible Medicines' bid for preliminary injunction, but industry can still pursue claims the statute's language is unconstitutionally vague; law goes into effect Oct. 1.
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States will likely need to craft different legislation on Rx prices after Fourth Circuit rules Maryland's statute violates Commerce Clause because it regulates transactions outside state.
Ban on WAC price increases violates Commerce Clause and reporting requirement violates First Amendment, PhRMA contends; complaint says state officials have not clarified whether law is retroactive.
Rx manufacturers must notify state purchasers, health care plans and PBMs of price hikes on drugs with a wholesale acquisition cost greater than $40; follows at least five other state laws, including those of Vermont and Nevada.