The Pharmaceutical Research and Manufacturers of America, the drug industry's top lobbying group, has sued Minnesota over a law set to take effect July 1 that was designed to prevent people from rationing their insulin, STAT reported.
The law is called the Alec Smith Emergency Insulin Act, named after a 26-year-old man who died after rationing his insulin. The law allows Minnesota residents who can't afford their insulin to pick up a 30-day supply of insulin for $35.
Under the law, drugmakers would be forced to provide insulin for free or face large fines, according to STAT. The cost of insulin has more than tripled in recent years, and some patients that haven't been able to afford the cost have taken to rationing.
Drugmakers warned Minnesota legislators they would sue over the law because it forces them to provide insulin without being paid.
PhRMA is seeking a permanent injunction to prevent the law from going into effect, STAT reported. The lobby argues the law violates the Fifth Amendment, which states that "private property shall not be taken for public use without just compensation."
"A state cannot simply commandeer private property to achieve its public policy goals,” PhRMA’s lawsuit states, according to STAT. "The act’s implications are staggering. If Minnesota can appropriate privately manufactured insulin for distribution to its residents without paying any compensation — let alone just compensation — to the manufacturers, states can compel manufacturers to dispense other medications for free as well."
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