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Health Care & Hospital Law,
9th U.S. Circuit Court of Appeals

Jul. 6, 2022

Mandate to warn of drug price hikes should be reversed, industry tells 9th Circuit

Under the law, drugmakers must provide various notice, reporting, and justification obligations on the manufacturer of a prescription drug if the price goes up 16% from the previous two calendar years.

An attorney representing the pharmaceutical industry asked a 9th U.S. Circuit Court of Appeals panel to overturn a California law requiring drug companies to notify the state of large increases in wholesale prices 60 days in advance.

Allon Kedem, a partner with Arnold & Porter Kaye Scholer LLP who represents the drug industry, said the state law – which also requires companies to explain why such large increases are being made – violate...

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