This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation.

Issues at Stake: Contract Pharmacy
Where Things Stand:

  • In one contract pharmacy case, the plaintiff-appellant filed its opening brief arguing that Section 340B and the Federal Food, Drug, and Cosmetic Act preempt an Arkansas state law regulating manufacturers' delivery of 340B-discounted drugs.
  • The district court judge in a state law case involving a 340B covered entity plaintiff has discharged its show cause order.
  • The district court judge in a contract pharmacy case has granted the parties' joint motion to stay further proceedings in the matter pending HHS' ongoing rulemaking proceeding relating to the 340B administrative dispute resolution rule.
  • In three contract pharmacy cases that were decided in January, HHS filed an Unopposed Motion for a 30-Day Extension of Time to File a Petition for Rehearing En Banc.

Get more details on these 340B cases with the 340B Litigation Tracker, a subscription product from McDermott+Consulting.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.