Association for Accessible Medicines v. Frosh
Date Filed: July 6, 2017Status: Decided
District Court: District of Maryland – 1:17-cv-01860
Appellate Court: 4th Circuit 17-2166
Nature of Suit: Pharma Legislation Challenge
Defendant Type: State
Plaintiff Type: Private
Court Document: http://www.ca4.uscourts.gov/Opinions/172166.P.pdf
In a significant victory for the pharmaceutical industry, the 4th U.S. Circuit Court of Appeals found Maryland’s landmark 2017 law (HB 631), which punishes generic drug manufacturers for price gouging, unconstitutional because it violates the dormant commerce clause. The April 2018 ruling reversed the lower court’s decision in a lawsuit originally brought by the generic pharmaceutical industry led by the Association for Accessible Medicines (AAM).
In February 2019, the Supreme Court denied certiorari to review the 4th Circuit decision, effectively putting the nail on the coffin on the law. Read more on The Source Blog.