Press Releases | September 11, 2025
The unanimous decision marks the 14th ruling against Big Pharma and in favor of patients.
WASHINGTON, D.C. — Today, the U.S. Court of Appeals For The Third Circuit unanimously rejected Novartis’ challenge to the Medicare Drug Price Negotiation Program, exactly one week after the same court delivered a similar defeat to Bristol Myers Squibb (BMS) and Janssen.
Following last week’s decision and pharma’s three legal defeats in August, this latest opinion marks the 14th ruling in favor of the program, which is set to deliver lower drug prices to 9 million people on Medicare starting in 2026 and is supported by over 80% of Americans.
All three judges were united in the ruling, with appointees from Presidents Trump, Biden, and Bush represented.
The court cited BMS and Janssen’s defeat to once again uphold the constitutionality of the program. Novartis’ rejection additionally addressed an “excessive fines” argument against the program, ruling that a law called the Anti-Injunction Act prevents the pharmaceutical giant from having the grounds necessary to sue.
In response to the ruling, P4AD Executive Director Merith Basey released the following statement:
“Big pharma’s legal arguments against the Medicare Negotiation Program continue to prove baseless, and their high-priced lawyers have once again lost in court. With the first round of lower negotiated prices set to take effect in January, and the second round of drugs to be announced in the coming weeks, more than 9 million patients are finally on the cusp of long-overdue relief. Today’s decision is yet another hard-fought victory for patients.”
Patients For Affordable Drugs has submitted four amicus briefs on behalf of patients — including one in this case — 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