Eighth Circuit Lets Drugmakers Challenge Free Insulin Program

The Eighth Circuit reversed the judgment of a federal court in Minnesota on Monday, allowing drug companies to challenge a law requiring them to provide free insulin to state residents who meet eligibility criteria.

The appeals court ruled that the US District Court for the District of Minnesota erred when it ruled that the drugmakers lacked the ability to sue for an order blocking enforcement of the Alec Smith Insulin Affordability Act.

The Pharmaceutical Research and Manufacturers of America—a nonprofit whose members include insulin makers Eli Lilly & Co., Novo Nordisk Inc., and Sanofi—had sued the state arguing that the ...