McKee Foods Scores Revival of Tennessee Pharmacy Law Challenge

McKee Foods Corp. on Thursday convinced the Sixth Circuit to revive its lawsuit arguing that a Tennessee law aimed at increasing pharmacy access is preempted by the federal employee benefits statute.

The commercial bakery’s lawsuit centers on a campaign by defendant Thrifty Med Plus Pharmacy to be reinstated in the pharmacy network for McKee’s employee health plan. McKee argued that Tennessee’s “any willing pharmacy” law, which requires certain entities to include in their pharmacy networks all pharmacies that agree to relevant terms and conditions, impermissibly interferes with the Employee Retirement Income Security Act and doesn’t require it to admit Thrifty ...