Amgen Inc. et al. v. Colorado Prescription Drug Affordability Review Board et al.

Docket No.
District Court


  • Declaration that Colorado PDAB statute is unconstitutional and void
  • Enjoin defendants from implementing the law

Litigation Content

Why this Matters:

The plaintiffs argue that a Colorado law establishing a Prescription Drug Affordability Board violates the Due Process Clause of the Fourteenth Amendment as well as the Dormant Commerce Clause, and is preempted by federal patent laws and federal laws concerning Medicare and other federal health care programs. Prescription Drug Affordability Boards, through which certain payment limits on reimbursement for drug purchases can be set, are one approach states are currently pursuing to lower prescription drug costs for their residents.

Potential Impact:

Successful challenges to state measures addressing prescription drug affordability could negate savings for patients, and could restrict state regulatory authority in the health care arena.