Pharmalittle: Bristol Myers sues HHS over Medicare drug negotiations; Lilly reports new shortages of Mounjaro diabetes drug

By Ed Silverman June 19, 2023

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Good morning, everyone, and welcome to another working week, albeit an abbreviated one for many, because today is a holiday on this side of the pond. However, we chose to shuffle our schedule and, as a result, we are going about our usual tasks, such as firing up the coffee kettle to brew a few cups of stimulation. Our choice today is roasted coconut. Meanwhile, we are also busy foraging for items of interest, some of which are listed below if you scroll down a bit. So time to get moving. For those of you who are —like us — engaged in the usual daily activities, we wish you a meaningful and productive day. And of course, do keep in touch. …

Bristol Myers Squibb sued the Biden administration over the new powers given Medicare to negotiate drug prices, the third such lawsuit to be filed against the program in a matter of days, CNBC says, The lawsuit argues that the planned Medicare negotiations violate the First and Fifth Amendments of the U.S. Constitution, and asks the court to declare the program unconstitutional and prevent the U.S. Department of Health and Human Services from forcing the company to enter negotiations. The arguments mirror those lodged by Merck, the first company to sue the federal government over the negotiations. The U.S. Chamber of Commerce also sued HHS.

Novo Nordisk, which makes the blockbuster weight loss drugs Ozempic and Wegovy, hired law and lobbying firm Arnold & Porter to try to convince policymakers to allow Medicare to cover anti-obesity medications, Politico reports. The high-cost medicines exploded in popularity when videos on TikTok highlighted the many celebrities taking them to lose weight. But their access to a key market — older Americans — is limited, as Medicare is banned from covering weight loss drugs as part of the Part D program. Bipartisan lawmakers introduced legislation in the last Congress that would offer Medicare coverage for these drugs, but they have not reintroduced it.

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