Press Releases | October 6, 2025
Bipartisan panel of judges unanimously rejects industry’s recycled arguments as lower drug prices draw closer for millions of patients
WASHINGTON, D.C. — In yet another blow to Big Pharma’s nationwide legal campaign against Medicare Negotiation, the U.S. Court of Appeals For The Third Circuit unanimously rejected Novo Nordisk’s challenge to the program this morning — marking the 15th legal defeat for the industry and another win for patients.
This case, one of several coordinated attacks aimed at blocking lower negotiated prices before they go into effect in January, was dismissed by a three-judge panel, with appointees from Presidents Trump, Biden, and Bush all in agreement: pharma’s arguments don’t hold up.
In its opinion, the court dismissed Novo’s constitutional claims that negotiation violates the First and Fifth amendments, referencing its own recent rulings against AstraZeneca and Bristol Myers Squib. The judges also rejected Novo’s attempt to challenge the government’s grouping of six insulin products under a single negotiation unit; the drugs share an identical active ingredient and differ only in delivery mechanism — undermining the company’s claim that the drugs should be treated as separate and reaffirming the constitutionality of the historic medicare negotiation program, which is supported by more than 80% of Americans.
In response to the ruling, P4AD Executive Director Merith Basey released the following statement:
“Big Pharma has attempted to block Medicare negotiation at every turn, including by hiring some of the most expensive law firms in the country, and yet they’re still losing. This is the 15th time a court has ruled against the pharmaceutical industry in favor of patients. Americans overwhelmingly support Medicare’s right to lower drug prices, and the courts continue to affirm that this program is constitutional and here to stay.”
In January 2026, Medicare negotiation will deliver lower prices for its first round of expensive and widely used drugs, delivering $1.5 billion in savings for 9 million people on Medicare and saving taxpayers $6 billion in the first year alone.
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.