This month, Maryland’s Attorney General Brian Frosh petitioned the Supreme Court to uphold the “first-in-the-nation” law against drug price-gouging.
This month, Maryland’s Attorney General Brian Frosh petitioned the Supreme Court to uphold the “first-in-the-nation” law against drug price-gouging.The law gives the attorney general the authority to review price information about generic drugs. If the state’s lawyers could show that prices were increasing too steeply, they could seek to order the prices reduced, or issue fines to the drug companies.
The Association for Accessible Medicines (AAM) filed a suit against the state in a US district court in Maryland last year, alleging the bill grants the state “unprecedented powers to regulate the national pharmaceutical market, violating the [US] Constitution and posing harm to vulnerable patient communities.”
In April 2018, a federal appeals court in Maryland ruled that the law, which was passed in 2017, was unconstitutional. In explaining her decision to bar the law from taking effect, Judge Stephanie D. Thacker wrote an opinion stating that “Maryland cannot, even in an effort to protect its consumers from skyrocketing prescription drug costs, impose its preferences in this manner.”
After the decision in late April, Frosh requested that a full federal appeals court rehear the case, explaining that “The resolution of this appeal will substantially affect the responses of state governments to a problem with both fiscal and public health dimensions: the rapidly rising cost of prescription drugs.”
In July, a federal appeals court declined to hear a petition to rehear the case, letting the previous ruling stand.
In reaching the decision to decline to rehear the case, 9 judges voted against, 3 judges voted in favor, and 2 judges did not vote. One of the judges who voted in favor of rehearing the case before the full court, Judge James A. Wynn Jr., wrote that “At a minimum, [the case deserves] the careful deliberation of this entire Court.”
Eye on Pharma: Sandoz Files Antitrust Suit; Yuflyma Interchangeability; Costco’s Ustekinumab Pick
April 22nd 2025Sandoz's antitrust suit against Amgen, the FDA’s interchangeability designation for Celltrion’s adalimumab biosimilar, and the inclusion of an ustekinumab biosimilar in Costco’s prescription program highlight growing momentum to expand biosimilar access and affordability for patients with chronic inflammatory diseases.
How AI Can Help Address Cost-Related Nonadherence to Biologic, Biosimilar Treatment
March 9th 2025Despite saving billions, biosimilars still account for only a small share of the biologics market—what's standing in the way of broader adoption and how can artificial intelligence (AI) help change that?
President Trump Signs Executive Order to Bring Down Drug Prices
April 16th 2025To help bring down sky-high drug prices, President Donald Trump signed an executive order pushing for faster biosimilar development, more transparency, and tougher rules on pharmacy benefit managers—aiming to save billions and make meds more affordable for everyone.
Will the FTC Be More PBM-Friendly Under a Second Trump Administration?
February 23rd 2025On this episode of Not So Different, we explore the Federal Trade Commission’s (FTC) second interim report on pharmacy benefit managers (PBMs) with Joe Wisniewski from Turquoise Health, discussing key issues like preferential reimbursement, drug pricing transparency, biosimilars, shifting regulations, and how a second Trump administration could reshape PBM practices.
Latest Biosimilar Deals Signal Growth Across Immunology, Oncology Markets
April 14th 2025During Q1 2025, pharmaceutical companies accelerated biosimilar expansion through strategic acquisitions and partnerships in hopes of boosting patient access to lower-cost treatments in immunology and oncology.
Experts Pressure Congress to Remove Roadblocks for Biosimilars
April 12th 2025Lawmakers and expert witnesses emphasized the potential of biosimilars to lower health care costs by overcoming barriers like pharmacy benefit manager practices, limited awareness, and regulatory delays to improve access and competition in chronic disease management during a recent congressional hearing.