Johnson & Johnson v. HRSA
On June 27, 2025, the District Court for the District of Columbia denied J&J’s motion for summary judgment and granted summary judgment for HHS. The district court ruled that the 340B statute gives the HHS Secretary discretion to “provide” for rebates, discounts, or both. Manufacturers therefore may not unilaterally implement a rebate model without HHS approval. The decision was a setback for WLF, which had argued in an amicus brief that HRSA’s rejection of Eli Lilly’s cash-replenishment model improperly expands 340B’s well-intended cost-reduction program far beyond anything its statutory text can sustain. WLF’s amicus brief was prepared with generous pro bono assistance from Thad Westbrook and Jeff Wald of Nelson Mullins.
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