US v Pharma
Fighting
to Protect Medicare Negotiation
US v Pharma Fighting to Protect Medicare Negotiation
Fighting to Protect Medicare Negotiation
Patients For Affordable Drugs (P4AD) is the only national patient advocacy organization exclusively focused on lowering prescription drug prices. At the core of our mission was securing Medicare negotiation in the 2022 Drug Price Law. Now, with this crucial provision under attack, our mission is clear: fight to protect Medicare negotiation.
And we’re winning. Fifteen times, judges have ruled against Big Pharma and for patients — including rejections of lawsuits from Novartis, AstraZeneca, Bristol Myers Squibb, Janssen, Boehringer Ingelheim, Novo Nordisk, and PhRMA
Despite the pharmaceutical industry’s efforts and the millions of dollars they’ve invested in their cases, we’re gaining ground.
- The 3rd Circuit U.S. Court of Appeals rejected Novo Nordisk’ challenge in October 2025.
- The 3rd Circuit U.S. Court of Appeals rejected both Novartis’ challenge and the challenge brought by Bristol Myers Squibb and Janssen’s in September 2025.
- The 6th Circuit U.S. Court of Appeals denied the appeal brought by various Chambers of Commerce in August 2025.
- The 2nd Circuit U.S. Court of Appeals denied the appeal brought by Boehringer Ingelheim in August 2025.
- A district judge in West Texas rejected a constitutional challenge from PhRMA, the Global Colon Cancer Association, and the National Infusion Center Association in August 2025.
- The 3rd Circuit U.S. Court of Appeals rejected AstraZeneca’s challenge in May 2025.
- A district judge in New Jersey rejected Novartis’ lawsuit in October 2024.
- A district judge in Ohio dismissed the case brought by various Chambers of Commerce in August 2024.
- A federal judge in New Jersey ruled against Bristol Myers Squibb and Janssen Pharmaceuticals in their cases in April and against Novo Nordisk in its case in July 2024.
- A federal judge in Connecticut ruled against Boehringer Ingelheim’s legal challenge in July 2024.
- A federal judge in Delaware ruled against AstraZeneca in its case in March 2024.
- A federal district judge in Texas dismissed a similar lawsuit from the industry lobby Pharmaceutical Research and Manufacturers of America (PhRMA) in February 2024.
- A district judge in Ohio ruled against the U.S. Chamber of Commerce’s case in September 2023.
Yet the fight is far from over. Big Pharma continues to launch aggressive lawsuits to dismantle Medicare negotiation and keep drug prices high. These attacks threaten millions of patients counting on lower costs through negotiation.
Our mission is clear: protect Medicare negotiation and put patients over profits.
The Impact
In August 2023, the Centers for Medicare and Medicaid Services published the first 10 drugs covered under Medicare Part D selected for negotiation. All of the drug companies that make these medications agreed to participate in negotiations, while simultaneously filing lawsuits against the federal government to stop this program from going into effect.
People on Medicare paid $3.4 billion in out-of-pocket costs for these drugs in 2022. Meanwhile, Big Pharma’s pockets were padded as they spent more on stock buybacks and dividends than they did on research and development, even as nearly three in ten people in the United States struggle to afford their medications because of cost.
On August 15th 2024, the new lower list prices for the first 10 drugs negotiated by Medicare were announced, which will go into effect for millions on Medicare in January 2026. Then, on January 17th 2025, CMS announced the next 15 drugs selected for Medicare negation. Patients have fought tirelessly for these reforms, but Pharma isn’t backing down. Despite agreeing to negotiations, drug companies continue to fight in court to block lower prices. We can expect them to keep using lawsuits to protect their profits at the expense of patients. For drug by drug prices visit our Medicare Negotiation site.