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Another judge, another IRA suit dismissed

ARTICLE | Politics, Policy & Law

New Jersey District Court rules against BMS, J&J in suit over constitutionality of Inflation Reduction Act

By Steve Usdin, Washington Editor

April 30, 2024 1:22 AM UTC

Pharma companies have added to their string of defeats in litigation seeking to overturn the Inflation Reduction Act’s Medicare drug price negotiation program. A federal judge in the U.S. District Court for the District of New Jersey rejected arguments from Bristol-Myers and Johnson & Johnson that the program violated the U.S. Constitution.

Like judges in other IRA cases, Judge Zahid Quraishi ruled that participation in Medicare is voluntary, and that the companies’ contention that the Medicare drug price negotiation program constitutes a physical taking lacks merit.