Drugmakers Battle West Virginia Pharmacy Law in Fourth Circuit

An attorney for West Virginia faced sharp questioning from an appeals court judge in a case that could reverse a lower court’s decision blocking the state’s contract pharmacy law.

The crux of Tuesday’s oral argument in the US Court of Appeals for the Fourth Circuit centered on whether federal law preempted West Virginia from regulating how manufacturers can distribute drugs under a federal discount program known as 340B.

The discussion fielded arguments from lawyers representing the West Virginia Attorney General’s Office and drug industry players AbbVie, Novartis, and the Pharmaceutical Research and Manufacturers of America.

PhRMA and the ...