In a recent legal contest, a federal court delivered a significant blow to Johnson & Johnson, upholding the U.S. Health Resources and Services Administration's (HRSA) mandate that the pharmaceutical giant seek prior approval for any rebate structures it offers to hospitals and clinics participating in the 340B Drug Discount Program. This ruling marks the second instance in as many months where a federal court has sided with the government’s agency.
The latest decision echoes a similar judgment from the previous month, where another federal judge issued a comparable ruling in cases initiated by Eli Lilly, Bristol Myers Squibb, and Novartis. These consistent verdicts indicate a unified judicial perspective on HRSA’s right to challenge pharmaceutical companies attempting to unilaterally alter their payment frameworks for the 340B program.
U.S. District Court Judge Rudolph Contreras articulated in his written decision that HRSA possesses the explicit authority to dictate terms for drug discounts and rebates under the clear and unambiguous language of the 340B statute. He further noted that the program’s fundamental objectives and historical context support this interpretation, thereby refuting Johnson & Johnson’s assertion that HRSA lacked the power to demand prior approval for their proposed rebate model.