Great Lakes Wire

Michigan Attorney General Dana Nessel has joined 20 attorneys general in filing an amicus brief in Pharmaceutical Research and Manufacturers of America v. Stolfi, supporting laws that increase drug price transparency. The amicus brief, filed in the Ninth Circuit Court of Appeals, supports Oregon's defense of House Bill 4005. This law requires pharmaceutical manufacturers to report certain information about new prescription drugs and historical pricing data for existing drugs.

“Drug pricing transparency is crucial to ensuring patients can afford the prescription drugs they depend on,” said Nessel. “I stand firmly with my colleagues in defending these important laws and protecting our residents from unjustified drug price hikes.”

Oregon’s House Bill 4005, passed in 2018, aims to increase transparency in drug pricing, hold pharmaceutical companies accountable for price hikes, and help control the rising cost of prescription drugs for Oregon residents. The Pharmaceutical Research and Manufacturers Association (PhRMA), a trade association representing some of the largest drug manufacturers in the United States, filed a lawsuit in federal district court in Oregon challenging the constitutionality of House Bill 4005. The district court ruled partially in favor of PhRMA, prompting Oregon to appeal to the Ninth Circuit.

According to a 2019 Gallup-West Health National Healthcare Study, more than 13 percent of American adults — or about 34 million people — reported knowing at least one friend or family member who died after not receiving needed medical treatment due to inability to pay for it. In the amicus brief, the coalition argues that state laws like Oregon’s serve important state interests as recent dramatic increases in drug pricing impose harm on states and their residents. The brief also highlights various measures adopted by a bipartisan group of states to hold pharmaceutical manufacturers accountable, including laws promoting drug price transparency. Additionally, it emphasizes the importance of collecting data through such laws to provide a greater understanding of drug spending and guide policy solutions addressing high drug costs.

In presenting this brief, Nessel has joined California Attorney General Rob Bonta and the attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland Massachusetts Minnesota Nevada New Jersey New Mexico New York North Carolina Pennsylvania Vermont Washington

A copy of the amicus brief can be found here (PDF).

###