Press Releases | February 13, 2026
Marks the 11th lawsuit filed by Big Pharma and its allies to undermine Medicare Drug Price Negotiation at the expense of patients
WASHINGTON, D.C. — Just two weeks after Botox and Botox Cosmetic were named as drugs to be included in the third round of Medicare Drug Price Negotiations, manufacturer AbbVie, has filed a lawsuit in the U.S. District Court for the District of Columbia challenging the program.
AbbVie argues that, as a plasma-derived product, Botox should be ineligible for negotiation under CMS guidance. The company also claims the program violates the First and Fifth Amendments by compelling speech through the negotiation framework and interfering with private property rights – constitutional arguments that closely mirror those raised in earlier pharmaceutical industry lawsuits challenging the program. While courts have repeatedly rejected similar constitutional claims brought by other manufacturers, AbbVie’s assertion that Botox qualifies as exempt on the basis of being plasma-derived marks a new line of argument in the ongoing litigation against Medicare negotiation.
In response, Merith Basey, CEO of Patients For Affordable Drugs, issued the following statement:
“AbbVie’s lawsuit is the 11th attempt by Big Pharma and its allies to block Medicare from negotiating lower drug prices for patients. Botox is not simply a cosmetic product – it’s also used to treat a range of serious chronic conditions. Yet AbbVie is suing to protect its billions in profits rather than allow Medicare to secure lower prices for nearly 400,000 people who rely on these medicines.
For decades, drug corporations exploited their unchecked power to dictate prices in the United States. Now that Medicare is finally delivering real savings for millions of patients, the industry is running to court to claw back that power. Drugs don’t work if people can’t afford them and American patients are well aware who’s to blame for the high prices they are forced to pay at the pharmacy: greedy pharmaceutical corporations.”
This lawsuit is part of a coordinated industry-wide effort to overturn Medicare’s negotiating power that was established under the historic 2022 prescription drug law. AbbVie is seeking to shield Botox and Botox Cosmetic from negotiation, protecting a product line that generates billions in annual revenue in the U.S. alone. In 2025, Medicare spent $1,143,070,000 on Botox, affecting 390,000 patients on Medicare who rely on the drug for treatment.
On January 1, Medicare began delivering lower prices for the first time under the Medicare Drug Price Negotiation Program. These new prices apply to the first round of negotiated drugs and are projected to save 9 million people on Medicare $1.5 billion in out-of-pocket costs this year, while saving taxpayers an additional $6 billion.
Patients For Affordable Drugs has submitted five amicus briefs on behalf of patients and signed onto seven briefs led by Public Citizen and supported by Protect Our Care, Doctors for America, and Families USA to support the government’s opposition to the lawsuits and amplify the experiences of patients harmed by high drug prices.
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Patients For Affordable Drugs is the only national patient advocacy organization focused exclusively on policies that lower prescription drug prices. We empower and mobilize patients by amplifying their experiences with high drug prices to hold those in power to account and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4AD does not accept funding from organizations that profit from the development and distribution of drugs. To learn more, visit PatientsForAffordableDrugs.org