On May 2, 2024, the Eighth Circuit declined to rehear a panel decision holding that Arkansas could amend the federal statute regulating the 340B Program. This was a setback for WLF, which filed an amicus brief supporting PhRMA’s rehearing petition. The brief explained that the 340B Program is so large that any decision whether to expand the program must be made at the national level by Congress. WLF’s brief also explained the consequences of allowing the panel’s decision to stand. It will lead to less research and development by pharmaceutical companies, meaning fewer life-saving drugs. It will also increase regulatory costs leading to higher prices for patients.
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