Kirkland & Ellis filed a lawsuit on Oct. 3 in Colorado District Court challenging the state's House Bill 23-1002, which regulates the distribution of generic epinephrine auto-injectors, more commonly known as 'epipens.' The suit was filed on behalf of Teva Pharmaceuticals USA, which argues that the rule amounts to an unlawful seizure of its auto-injectors due to a 'reimburse-or-resupply' requirement which compels Teva to pay a higher price to pharmacies in order to cover injectors given to uninsured patients than Teva would otherwise earn if they were sold to a wholesaler. The case is 1:23-cv-02584, Teva Pharmaceuticals USA, Inc. v. Conway.
Biotech & Pharmaceuticals
October 03, 2023, 5:20 PM