Foley & Lardner LLP partner Kyle Faget shared insight with Law360 on major legal topics affecting the pharmaceutical industry.
In the article, “Drug Pricing Battles To Watch In 2026,” Faget commented on the industry’s efforts to challenge the Medicare Drug Price Negotiation Program. “So far, the general consensus is that litigation is not going well for drug companies,” she said.
“It’s very difficult for Center for Medicare & Medicaid Innovation (CMMI) to roll out like a 50-state solution and call it the required experimentation,” Fagetcontinued. “I could see some pushback there that what CMMI is ultimately doing isn’t really following the required regulatory scheme for CMMI.”
On GLP-1 litigation, Faget noted in the article, “Drugmakers Fight Multifront Legal Battles Over GLP-1s,” that the impact of these disputes could be felt well beyond GLP-1s.
Addressing disputes over “bootleg” or compounded GLP-1s, Faget added that drug compounding cases present courts with an opportunity to draw “a bright line” between when a compounded drug is a necessary alternative versus an illegal copy, which could have an “enormous” impact on the pharmaceutical industry.
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