Arkansas 340B Contract Pharmacy Law Upheld by 8th Circuit

On March 12, 2024, a three judge panel of the 8^th Circuit federal court of appeals confirmed that Arkansas’s law protecting 340B contract pharmacies in the state against discriminatory practices by manufacturers is not preempted by federal law. (AstraZeneca Pharmaceuticals LP v. McClain, 4:24cv00268). Two amici in support of Arkansas’s challenge have since asked for the full panel of judges to rehear the decision. As litigation continues, some manufacturers are ending their restrictions on contract pharmacy use in Arkansas, and states around the country are considering similar laws.