STAT+: Amgen loses its battle against Colorado over a prescription drug affordability board

In a blow to the pharmaceutical industry, a U.S. court judge ruled that a Colorado state board can proceed with plans to place limits on the prices paid for medicines, the first such decision to support the controversial attempts by some states to control their prescription drug spending.

The case had been filed last year by Amgen after the state Prescription Drug Affordability Board determined that its big-selling medication called Enbrel is unaffordable and began a process to create a so-called upper payment limit. This would establish a payment ceiling for residents who are covered by a government agency or a commercial health plan.

Amgen, however, argued that the board is unconstitutional because its actions conflict with federal law and would regulate business outside of Colorado, among other issues. The company further contended that the board wants to “impose arbitrary price controls” on the sale of drugs — an argument taken up by the pharmaceutical industry, at large — and would also “strip away” intellectual property rights.

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