Bristol Myers Squibb sued the Biden administration on Friday over Medicare’s new powers to negotiate drug prices, the third such lawsuit to be filed against the program in a matter of days.
The lawsuit, filed in federal district court in New Jersey, argues that the Medicare negotiations violate the First and Fifth Amendments to the US Constitution.
Bristol Myers Squibb said its Eliquis blood thinner, used to treat clots and strokes, will be subject to negotiations this year. The drugmaker generated $11.8 billion in revenue from Eliquis last year, about 25% of the company’s $46 billion in total revenue by 2022.
Bristol Myers Squibb has asked the court to declare the program unconstitutional and prevent the Department of Health and Human Services from forcing the company into negotiations.
The drugmaker’s arguments mirror those made by drugmaker Merck last week, which was the first company to sue the federal government over the drug talks.
The US Chamber of Commerce also sued HHS over the program on similar grounds.
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