WASHINGTON — Democrats finally achieved a win over the pharmaceutical industry this month when they passed the most aggressive drug pricing reform in decades. But their victory could be short-lived.
Even before the law passed, the pharmaceutical industry was threatening to sue to block the reforms, with both the brand drug lobby PhRMA and the Biotechnology Innovation Organization issuing veiled promises to “explore every opportunity” or “explore all avenues” to stop the law from taking effect.
But neither group would spell out their legal strategy, so it’s not clear yet what argument the industry would use to challenge the new legislation, if they decide to sue — or when they might be able to do so. Because the Inflation Reduction Act creates a historic new process that will allow Medicare to negotiate what it pays for prescription drugs for the first time, it presents new and innovative opportunities for litigation that the industry hasn’t pursued before.
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