Eli Lilly, Sanofi Try to Halt Sanction Over Discounted Drugs (1)

HHS should be barred from penalizing drugmakers for refusing to offer certain pharmacies steeply discounted drug prices while lawsuits challenging the agency’s push to make companies restart the discounts proceed, Eli Lilly and Sanofi say in court filings.

Eli Lilly & Co. and Sanofi-Aventis U.S. LLC want federal courts to stop the U.S. Health and Human Services Department from following through on May 17 threats to impose “massive penalties” on the companies if they don’t comply with its advisory opinion mandating the discounts under the 340B program.

Lilly’s suit is pending in the U.S. District Court for the Southern District ...