District court denies preliminary injunctions by drug companies in challenges to Maine’s 340B contract pharmacy law

The U.S. District Court for the District of Maine today issued an order denying preliminary injunctions requested by AbbVie and Novartis in legal challenges against the state’s law protecting 340B pricing for contract pharmacy arrangements. In particular, the court held that “Plaintiffs have failed to establish that they will likely succeed on the merits of their preemption, commerce clause, takings, [and] vagueness claims.” 
 
The AHA, 340B Health, the Maine Hospital Association and the American Society of Health-System Pharmacists filed amicus briefs Sept. 11 and Sept. 15 opposing the preliminary injunctions. The AHA has opposed similar challenges by drug companies in multiple states.