EUGENE, Ore. (Legal Newsline) – The Pharmaceutical Research and Manufacturers of America (PhRMA) has filed a lawsuit challenging Oregon's recently passed legislation that places guidelines and restrictions on a drug company's product pricing.
PhRMA filed a complaint Dec. 9 in the U.S. District Court for the District of Oregon, Eugene Division against Oregon Department of Consumer and Business Services Acting Director Lou Savage, citing the Dormant Commerce Clause, Disclosure Law and Advance Notification Law.
PhRMA is challenging Oregon's recently passed House Bills 4005 and 2658 that require pharmaceutical manufacturers to disclose information if they increase a drug's federally defined national list price or wholesale acquisition cost (WAC) by 10 percent from the previous year or if they introduce a new drug costing more than $670 per month. The laws impose nationwide direct restraints on prices.
PhRMA claims the laws will "bind" Oregon’s prescription drug pricing to the rest of the nation and that the laws will force drug companies to disclose trade-secret information.
PhRMA seeks permanent injunction of the implementation of the Oregon laws, monetary and all other appropriate relief. It is represented by Jonathan Hoffman and David Cramer of The MB Law Group LLP in Portland, Oregon.
U.S. District Court for the District of Oregon Eugene Division case number 6:19-CV-01996-AA