STAT, August 31, 2018
Ed Silverman


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A federal judge dismissed a lawsuit that sought to block a California law requiring drug makers to not only provide advance notice of price hikes, but also give the reasons for any increases.

In explaining his decision, U.S. District Judge Morrison England Jr. ruled that the Pharmaceutical Research and Manufacturers of America failed to show that the court has jurisdiction to hear the case. However, he wrote that the trade group can refile its case if it can prove that any potential harm to drug makers falls “outside the realm of conjecture,” a step that would give PhRMA standing to press it case.

A PhRMA spokeswoman wrote us that the judge gave the trade group “an opportunity to amend our complaint, and we continue to have strong concerns about the constitutionality” of the law. [...]

health care costs judicial opinions pharmaceuticals regulation