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AbbVie Inclusion In Medicare Drug Talks Fails To Justify Lawsuit, Court Rules

AbbVie Inc. (NYSE:ABBV), the manufacturer of Imbruvica, is at the center of a constitutional challenge to the federal government's new Drug Price Negotiation Program.

Imbruvica was among the first 10 drugs selected for price negotiations under the Inflation Reduction Act of 2022. The law gave the Secretary of Health and Human Services (HHS) authority to negotiate prices for medications sold to Medicare and Medicaid.

In response, four chambers of commerce—the Dayton Chamber, the Ohio Chamber, the Michigan Chamber, and the U.S. Chamber—filed suit against the government, including HHS, the Centers for Medicare & Medicaid Services (CMS), and their agency heads. They argued that the program unlawfully displaces market forces with government price-setting and that Congress ...