Teva Pharmaceuticals USA, Inc. v. Weiser et al.

Docket No.
24-1035
Appellate Court
Tenth Circuit

Goal

  • Block enforcement of a law
  • Declaration that a law is unlawful

Litigation Content

Amneal Pharmaceuticals LLC v. Weiser et al., No. 1:24-cv-02609, was also filed in the same underlying district court challenging the same law and bringing the same claims. The case has been administratively closed pending the appellate decision in Teva Pharmaceuticals USA, Inc. v. Weiser et al.

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.