The three largest pharmacy benefit managers in the U.S., CVS Caremark (CVS), UnitedHealth’s (UNH) OptumRx, and Cigna’s (CI) Express Scripts, have filed a lawsuit against the FTC, claiming the agency’s in-house case against them over rising insulin costs is unconstitutional, Bloomberg Law’s Justin Wise reports. The lawsuit comes weeks after the agency alleged that the pharmacy benefit managers use illegal rebate programs that raise the price of insulin. The lawsuit argues, among other things, that the in-house forum violates the PBM’s due process rights under the Fifth Amendment and that private rights must be litigated in federal court. “This sweeping attempt to reshape an entire industry via law enforcement would never pass muster in a US district court,” the lawsuit said. “It is therefore unsurprising that the Commission brought this action in its own captive tribunal.”
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