Boehringer Fails to Revive Suit Over US Drug Price Talks (2)

Boehringer Ingelheim Pharmaceuticals Inc. failed to prove to an appeals court that a Biden-era drug pricing program aimed at lowering Medicare costs violates the US Constitution.

The US Court of Appeals for the Second Circuit wasn’t convinced of the company’s claims that the Medicare Drug Price Negotiation Program results in a taking by granting Medicare beneficiaries the right to possess its diabetes drug Jardiance on terms the company would never voluntarily accept, according to an opinion filed Thursday.

“Participation in the Negotiation Program, like participation in Medicare as a whole, is voluntary,” Judge William J. Nardini wrote for the court. ...