About this episode

The episode discusses how ongoing court cases are influencing the future of the 340B program and the legal battles between drugmakers and covered entities.

With scores of pending lawsuits involving drugmaker and covered entity challenges of how federal and state governments regulate 340B, the courts have become an important arena in the national 340B debate. 340B Health’s Vice President of Legal and Policy Amanda Nagrotsky unpacks some of the cases and what they might mean for 340B’s future. Courts Wrestle With Issues of Federal and State Authority Drug companies have filed about 80 lawsuits challenging state contract pharmacy protection laws. Nagrotsky says drugmakers are arguing these state laws conflict with federal oversight, but most courts so far have ruled that contract pharmacy protection laws fall within a state’s ability to regulate drug distribution and delivery. A recent decision from a federal judge in Mississippi was a major win for covered entities because it completely dismissed a drugmaker’s challenge to the state’s law rather than just ruling on whether to pause enforcement of the law. AbbVie Challenges 340B Patient Definition Drugmaker AbbVie is suing the Health Resources & Services Administration (HRSA) directly, arguing that the definition of whom the agency considers a 340B-eligible patient is too broad…

People in this episode

Host: 340B Health

Guest: Amanda Nagrotsky

Topics covered

• 340B program
• legal challenges
• drug regulation
• court decisions
• health policy

Keywords

• 340B
• lawsuits
• drugmakers
• contract pharmacy
• patient definition

Mentioned in this episode

Organizations: AbbVie, Health Resources & Services Administration

Places: Mississippi

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• What Illinois 340B Advocates Did To Succeed on 340B Protections · July 13, 2026 · 22 min

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