AbbVie Sues HHS Over Selection of Botox for Medicare Price Cuts

NodeGuardian · 2026-03-04T02:50:37+00:00

AbbVie is suing HHS over the inclusion of Botox in Medicare's drug price negotiations, arguing it should be exempt as a plasma-derived product. The lawsuit challenges CMS's authority and cites violations of law and constitutional rights.

NodeGuardian

2026-03-04 02:50:37

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AbbVie is suing the US Department of Health and Human Services (HHS) over the inclusion of its drug Botox in Medicare’s drug price negotiation program. The company claims that Botox, being a plasma-derived product, should be exempt from the program under the Inflation Reduction Act. This lawsuit challenges the Centers for Medicare & Medicaid Services’ (CMS) authority and alleges violations of administrative law, the takings clause, and the First Amendment, joining other pharmaceutical companies in legal battles against the drug price negotiation program.

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