Washington, DC — The Second Circuit Court of Appeals has rejected the latest attempt by the pharmaceutical industry to thwart the Medicare drug pricing negotiation program provided by the Inflation Reduction Act (IRA), another in a series of rulings where federal courts have rejected these challenges. This case is Boehringer Ingelheim Pharmaceuticals, Inc. v. United States Department of Health and Human Services. Democracy Forward had submitted a brief in support of the program on behalf of leading medical and public health organizations. 

The ruling is a win for millions of Americans who rely on prescription medication and will promote medication affordability. Democracy Forward has represented the nation’s leading medical and public health professional organizations in numerous friend-of-the-court briefs in defending prescription drug affordability in cases across the country—including Boehringer. 

The organizations represented by Democracy Forward are the American Public Health Association, the American College of Physicians, the Society of General Internal Medicine, the American Geriatrics Society, and the American Society of Hematology. 

“This ruling is a win for the American people and public health,” said Robin Thurston, Legal Director for Democracy Forward. “Millions of Americans rely on prescription medications for their health. Provisions in the Inflation Reduction Act enable Medicare to negotiate prices for lifesaving treatments; yet, industry special interests continue to challenge these provisions in lawsuits that would undermine the health and well-being of millions of Americans. We will continue to use every legal tool available to defend Americans’ right to affordable and life-saving health care.” 

Democracy Forward has filed briefs in seven other legal challenges urging courts to affirm the IRA’s drug price negotiation program. For more information about these ongoing cases, visit here.

Read today’s ruling here. 

– # # # – 

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.