DOJ Lambasts Bristol Myers Squibb, Johnson & Johnson Lawsuits Against IRA

In a court filing earlier this week, Department of Justice (DOJ) lawyers assailed lawsuits from Bristol Myers Squibb (BMS) and Johnson & Johnson (J&J) that allege the drug price negotiation provisions in the Inflation Reduction Act (IRA) are unconstitutional.

“The IRA’s negotiation program is nothing more, and nothing less, than an example of Congress exercising its constitutional authority to control the use of federal funds,” read the DOJ’s motion for summary judgment filed in the U.S. District Court for the District of New Jersey.

The attorneys, who stressed that the IRA’s drug price negotiations are voluntary, also argued that such “control fits squarely within the bounds of established precedent,” which means the plaintiffs’ “constitutional challenges cannot succeed.”

Read the latest DOJ filing here.

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