High Court Rejects Appeal to Uphold MD Drug Pricing Law

Feb 19, 2019

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ANNAPOLIS, Md. (AP) - The U.S. Supreme Court has denied a Maryland appeal to uphold the state's law against pharmaceutical price gouging.

The high court on Tuesday denied Maryland Attorney General Brian Frosh's appeal without comment, letting a lower court ruling against the law stand.

The law approved in 2017 enabled the state's attorney general to sue makers of off-patent or generic drugs for price increases that state officials considered "unconscionable." That was defined as an excessive increase, unjustified by the cost of producing or distributing the drugs.

The Richmond-based 4th U.S. Circuit Court of Appeals ruled 2-1 last year that the law was unconstitutional, because it forces manufactures and wholesalers to act in accordance with Maryland law outside of the state and burdened interstate commerce.

The law was challenged by the Association for Accessible Medicines.