Pharma Ruling Broadens Gov’t Drug Procurement Options

by scceuFebruary 21, 20200513

Law360 (February 21, 2020, 5:56 PM EST) — A recent Federal Circuit court decision promises to significantly impact and broaden the scope of the types of foreign-produced pharmaceutical products companies can sell to the U.S. government.

In Acetris Health LLC v. U.S.,[1] the U.S. Court of Appeals for the Federal Circuit examined whether a pharmaceutical should be classified as a product of the country that produced the active pharmaceutical ingredient, or API, regardless of where the remainder of the manufacturing took place.

The Federal Circuit affirmed in part a ruling from the U.S. Court of Federal Claims and held that it was unreasonable for the U.S. Department of Veterans…

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