PhRMA, BIO and Nevada Agree to End Price Transparency Litigation
PhRMA, the Biotechnology Innovation Organization (BIO) and the State of Nevada agreed to dismiss a case regarding the constitutionality of a Nevada drug pricing law that required companies to disclose confidential business information.
U.S. district judge James C. Mahon dismissed the case after PhRMA and BIO agreed to move for voluntary dismissal following the Nevada Department of Health and Human Services’ adoption of regulations that addressed industry concerns that the law — which focuses on essential diabetes medications — is unconstitutional.
The regulations allow pharmaceutical manufacturers to request that information they submit to the department be considered trade secrets and kept confidential under the Defend Trade Secrets Act. To request confidentiality the manufacturer must accurately describe the information to be protected and include reasons why disclosing the information to the public would “constitute misappropriation of a trade secret” for which a court could award relief.