AbbVie, Inc. v. Anthony Brown
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Vacated
Drug manufacturers challenged Maryland’s H.B. 1056, which limits their ability to restrict distribution of discounted 340B drugs. Relying on its recent decision striking down a similar West Virginia statute, the Fourth Circuit vacated the district court’s denial of a preliminary injunction and remanded for reconsideration under the Fourth Circuit’s new pre-emption rationale.
Circuit Split Identified
Legal Issue
Whether state statutes regulating manufacturers’ distribution of 340B drugs are pre-empted by the federal 340B statutory scheme.
Circuit Positions
State 340B contract-pharmacy statutes are pre-empted by the federal 340B program.
State 340B contract-pharmacy statutes are not pre-empted; states may impose additional requirements on manufacturers.
Conflict Summary
The Fourth Circuit holds such state laws are likely pre-empted because they impermissibly condition participation in the federally created 340B program, while the Fifth and Eighth Circuits have upheld comparable laws, concluding that Congress did not expressly or impliedly pre-empt complementary state regulation.