Appeals court upholds lower court denial of AbbVie’s preliminary injunction, preserving Mississippi 340B contract pharmacy law

The United States Court of Appeals for the Fifth Circuit Sept. 12 affirmed a Mississippi Court’s decision to deny AbbVie’s request for a preliminary injunction against enforcement of state law protecting 340B pricing for contract pharmacy arrangements. This is the second appellate court to have upheld a state law protecting access to 340B discounts in contract pharmacy arrangements.

The AHA, along with 340B Health, the Mississippi Hospital Association, the Rural Hospital Alliance and the American Society for Health-system Pharmacists, filed an amicus brief defending the state’s law.