Teva v. Weiser

Docket No.
21-1035
Appellate Court
Tenth Circuit

Goal

  • Declaratory and injunctive relief
  • Enjoin state from enforcing law

Litigation Content

Amneal v. Weiser, No. 1:24-cv-02609, was also filed in the same court challenging the same law and bringing largely the same claims. The case has been administratively closed pending the appellate decision in Teva v. Weiser.

Why this Matters:

The plaintiffs argue that a Colorado law that requires some drug manufacturers to reimburse or resupply pharmacies following certain purchases of a drug violates the Takings Clause of the Fifth Amendment. Such laws are one approach states are currently pursuing to lower prescription drug costs for their residents.

Potential Impact:

The inability for state policymakers to address prescription drug affordability could negate savings for patients, and more broadly restrict state regulatory authority in the health care arena.