Pharma companies present IRA cases in New Jersey court

TRENTON, NJ — Four pharmaceutical companies made their case against the Inflation Reduction Act’s drug negotiations provisions, arguing that the program violates several constitutional rights, among other items.

Bristol Myers Squibb, Novartis, Novo Nordisk and Johnson & Johnson’s Janssen gave coordinated arguments in New Jersey’s district court in their cases against the government. The companies collectively market six of the first 10 drugs that are under negotiation.

On Thursday, three of the companies made the claim that the IRA program violates the takings clause, a part of the Fifth Amendment that says that the government cannot take private property for public use without just compensation. And later in the day, they argued that the program violated the freedom of speech. Novo Nordisk argued that the program violated the separation of powers, and also argued that CMS was incorrect in lumping its six products as one drug under the price negotiations…
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