Litigation

Association for Accessible Medicines v. Frosh

Date Filed: July 6, 2017
Status: 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 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).


Associated Legislation:

HB 631
Introduced:    Status: Enacted
PROHIBITING A MANUFACTURER OR WHOLESALE DISTRIBUTOR FROM ENGAGING IN PRICE GOUGING IN THE SALE OF AN ESSENTIAL OFF-PATENT OR GENERIC DRUG: The new law defines an unconscionable price increase as an increase that is excessive …