Five months before Colorado's Prescription Drug Affordability Board will vote on how much to cap the cost of Amgen's Enbrel, the drugmaker filed a lawsuit.
In February, the board voted to set a price limit on arthritis drug Enbrel, which has a list price of $1,850.46 for a weekly dose. Colorado legislators created the five-member board in 2021 to detect medications they deemed "unaffordable" and set an "upper payment limit." Amgen is arguing these terms are undefined and unlawful.
The board is scheduled to either decide on a price ceiling for Enbrel or vote against setting one in late August.
In the lawsuit filed March 22, Amgen alleges the potential price cap could extend outside the state's borders because of mail orders. The drugmaker also said the law that created the board violates drug competition and patent laws.
Multiple states have made drug affordability boards as medication costs continue to rise, but Colorado's version was the first in the U.S. to agree to establish a price ceiling.