D.C. Circuit Holds 340B Program Does Not Prohibit Drug Manufacturers from Imposing Contract Pharmacy Restrictions

On May 21, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its decision in United Therapeutics Corporation v. Carole Johnson, et al./Novartis Pharmaceuticals v. Carole Johnson (consolidated cases), affirming the United States District Court for the District of Columbia (“District Court”) and rejecting the government’s position that the 340B statute categorically prohibits manufacturers from imposing contractual conditions on how their…
By: Foley Hoag LLP