Feldesman Partner Steve Kuperberg was recently quoted in the February 26, 2026, edition of the 340B Report on the federal government’s decision to support drug manufacturers in litigation challenging state 340B contract pharmacy access laws.

The U.S. Department of Justice (DOJ) and Department of Health and Human Services (HHS) filed amicus briefs urging federal appellate courts to strike down laws in Colorado and Rhode Island designed to protect 340B contract pharmacy arrangements.

Mr. Kuperberg highlighted that the government’s position represents a significant departure from its longstanding support of covered entities’ ability to contract with retail pharmacies to dispense 340B drugs, a position consistently maintained across administrations for decades.

As litigation over state 340B protections continues nationwide, Mr. Kuperberg’s commentary underscores the evolving legal landscape and the high stakes for providers that rely on contract pharmacy arrangements to serve vulnerable patient populations.

The 340B Report is an independent news outlet covering the federal 340B drug discount program. Please click here to read the entire article.

If you have questions, please contact Steve Kuperberg.