On Oct. 31, the U.S. District Court denied a request by AbbVie to prevent protections for 340B Drug Pricing Program contract pharmacies from taking effect in Colorado.
This spring, the state legislature passed the Colorado 340B Contract Pharmacy Protection Act. The law incorporated key elements of model legislation supported by ASHP and 340B Health, including a prohibition on manufacturer actions that restrict the delivery of 340B medications to contract pharmacies.
The court denied AbbVie’s request to stop enforcement of the law, known as a motion for a preliminary injunction, finding that the manufacturer did not demonstrate a substantial likelihood that its case would succeed on the merits.
In its decision, the court referenced the amicus brief filed by ASHP, with our partners at the American Hospital Association and 340B Health, and also noted that a large majority of manufacturer challenges to state 340B contract pharmacy protections have been unsuccessful.
“State laws that protect the 340B program are key to ensuring patients have access to services supported by 340B savings,” said Tom Kraus, ASHP vice president of government relations. “ASHP will continue to support state efforts to safeguard 340B through model legislation and other advocacy.”
