Amgen calls Colorado’s price controls on Enbrel ‘unconstitutional’

Amgen on Monday called on a Colorado federal court to overturn the state drug affordability board’s decision to cap the price of Amgen’s blockbuster biologic Enbrel.

The California-based company said Colorado’s price controls are “unconstitutional for at least four reasons,” including that the state board does not provide “any meaningful standards” for determining why a price is considered unaffordable or how the state is setting an upper payment limit, which is expected this fall.

According to Colorado’s Prescription Drug Affordability Board drug pricing and payment dashboard, Enbrel is listed third on the state’s priority list with payments of over $72 million in 2021, the last year of data provided by the state. First approved by the FDA in 1998, Enbrel isn’t likely to see biosimilar competition until 2029.

The board previously voted on Feb. 16 that Enbrel was unaffordable for…
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