Inactive Case

Novo Nordisk Inc. et al. v. Department of Health and Human Services et al.

Docket No.
3:21-cv-00806
District Court
New Jersey

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiffs argue that certain agency enforcement and regulatory actions requiring drug manufacturers to offer discounted prescription drugs to contract pharmacies under the 340B Drug Pricing Program violate the Administrative Procedure Act and the Takings Clause of the Fifth Amendment. The growth of the 340B program and practices by certain providers and contract pharmacies have raised concerns about oversight and abuse of the program—to the tune of billions of dollars.

Potential Impact:

Limiting the federal government’s ability to regulate drug manufacturers’ use of contract pharmacies would hamper efforts to combat abuse and ensure accountability under the 340B Drug Pricing Program would remove one avenue to combatting potential abuse of the program.

28 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Notice and Comment Violation, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Contrary to Constitutional Right

Amicus Briefs for Defendant(s)

340B Health et al., National Association of Community Health Centers et al.

Date Filed
January 15, 2021
Case Type
Civil
Court Type
District Court
Court
New Jersey
Judge
Sheridan, Peter G. Appointed By: George W. Bush
Plaintiff(s)
Novo Nordisk Inc.; Novo Nordisk Pharma, Inc.
Lead Counsel For Plaintiff(s)
King & Spalding LLP
Defendant(s)
Department of Health and Human Services; Xavier Becerra; Daniel J. Barry; Health Resources and Services Administration; Diana Espinosa; Robert P. Charrow (Dismissed); Thomas J. Engels (Dismissed)
Lead Counsel for Defendant(s)
Government