PhRMA and Bio Sue Nevada

On September 2, 2017, Pharmaceutical Research and Manufacturers of America (PhRMA) and the Biotechnology Innovation Organization (BIO) filed a lawsuit challenging the constitutionality of Nevada’s first-in-the-nation insulin transparency law. The two groups allege that implementing the law would violate patient rights and nullify trade secret protections. PhRMA and BIO are asking the U.S. District Court to declare that provisions of the Nevada law, passed during the 2017 legislative session, are preempted by federal law and violate the U.S. Constitution. The complaint alleges that the law violates the Taking Clause of the Fifth Amendment – which prohibits the government from taking private property without just compensation – and the Commerce Clause – which bars the states from interfering with commerce in other states. For good measure, the complaint also alleges that the law violates federal patent law and trade secret law, stating the legislation removes trade secret protections for highly sensitive information and improperly infringes on federal authority over patent rules. The groups said the new law also requires the state to publish company-specific reports of information disclosed on a public website. If that is done, then the trade secret is no longer secret and will lose its value – not only in Nevada but also throughout the nation. The complaint also cites Gov. Brian Sandoval’s veto of the original version of the insulin transparency bill. Sandoval b...
Source: Policy and Medicine - Category: American Health Authors: Source Type: blogs