WASHINGTON, DC (September 29, 2017) – The Association for Accessible Medicines (AAM) is disappointed with the district court’s decision not to enjoin Maryland’s price gouging statute, which even the district court recognized may be unconstitutionally vague. As AAM has stated from the outset, this law will hurt patient access to safe, affordable generic medicines in Maryland and the rest of the U.S. and will create untenable uncertainty for generic drug makers who may be left with no choice but to abandon markets altogether.
While AAM agrees with the District Court that HB 631 lacks sufficient clarity to be applied consistent with the Due Process Clause, AAM strongly believes that HB 631 is unconstitutional under the Commerce Clause of the U.S. Constitution as applied to out-of-state transactions. AAM intends immediately to appeal the court’s decision to the U.S. Court of Appeals for the Fourth Circuit, as AAM is confident that Supreme Court and Fourth Circuit precedent clearly restrict states from directly regulating wholly out-of-state commercial activity as HB 631 does here.
Attribution: Jeff Francer, Senior Vice President and General Counsel