Merck, Bristol Myers Squibb, the U.S. Chamber of Commerce and PhRMA filed separate lawsuits against the provision last month.

Johnson & Johnson sued the Biden administration over Medicare’s new powers to slash drug prices, making it the third pharmaceutical company to challenge the controversial provision of the Inflation Reduction Act.

  • @homura1650English
    3•1 year ago

    You can read their filing here: https://www.jnj.com/_document/janssen-lit?id=00000189-6a3c-daed-a5bd-fb7fc2a60000

    Constitutional argument spelled out starting on paragraph 83:

    1. The Program violates Janssen’s constitutional rights in at least three respects.
    1. First, the Program will appropriate Janssen’s patented Xarelto® products for third-party use without providing adequate compensation, a clear physical taking in violation of the Fifth Amendment.
    1. Second, the Program will violate the First Amendment by compelling Janssen to make false and misleading statements through the Manufacturer Agreement, including that the Program will involve “negotiating” a “fair” price for Xarelto® products.
    1. Third, the Act would violate Janssen’s constitutional rights even if participation in the Program were voluntary (it is not), by impermissibly conditioning Janssen’s ability to participate in Medicare and Medicaid on Janssen’s relinquishing its speech and property rights.