As­traZeneca, No­vo Nordisk and Sanofi score 340B-re­lat­ed ap­peals court win over HHS

As­traZeneca, No­vo Nordisk, and Sanofi won an ap­peals court win on Mon­day, as the US Court of Ap­peals for the Third Cir­cuit found that the com­pa­nies can­not be forced to pro­vide 340B-dis­count­ed drugs pur­chased by hos­pi­tals from an un­lim­it­ed num­ber of com­mu­ni­ty and spe­cial­ty phar­ma­cies.

“Le­gal du­ties do not spring from si­lence,” the de­ci­sion says as the court makes clear that the fed­er­al gov­ern­ment’s in­ter­pre­ta­tion of the “sup­posed re­quire­ment” that the 340B pro­gram com­pels drug­mak­ers to sup­ply their dis­count­ed drugs to an un­lim­it­ed num­ber of con­tract phar­ma­cies is not cor­rect, not­ing:

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