This Week in 340B: July 29 – August 4, 2025

McDermott Will & Schulte

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation. 

Issues at Stake: Rebate Model; Contract Pharmacy

  • In five appealed cases related to rebate models, the defendant-appellees filed their briefs.
  • In a case against the Health Resources and Services Administration (HRSA) challenging its certification of a group of entities as 340B-eligible, the court denied the government’s partial motion to dismiss.
  • In a case challenging a Nebraska state law governing contract pharmacy arrangements, the plaintiff filed a brief opposing defendant’s motion to dismiss.
  • In a case challenging a Hawaii state law governing contract pharmacy arrangements, the plaintiff filed a preliminary injunction.
  • Three drug manufacturers and one trade association of drug manufacturers each filed four separate complaints to challenge state laws governing contract pharmacy arrangements in Oregon, Nebraska, and North Dakota.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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