Rhode Island district court denies drug company efforts to block state’s 340B contract pharmacy law 

The U.S. District Court for the District of Rhode Island Sept. 30 denied motions from AbbVie and Novartis seeking a preliminary injunction against the state’s law protecting 340B pricing for contract pharmacy arrangements. The two companies were also denied a preliminary injunction in Maine last week.

Judge John McConnell Jr. delivered the order from the bench. “The drug manufacturers have tested other similar state statutes through lawsuits and requests for injunctive relief based on the same or similar legal claims,” he said. “This court has reviewed the statutes, case law, the parties’ briefs, as well as amicus briefs. Based on its own reasoning and that of its sister courts, the court agrees that the plaintiffs are not likely to succeed on the merits of their claim.” 

The AHA filed amicus briefs (AbbVie, Novartis) in these cases opposing the drug companies’ motions and has opposed similar challenges by drug companies in multiple states.