Graphic Communications, et al. v. CVS, et. al
Issue: State False Claims Act
Court: U.S. Supreme Court of Minnesota
The RLC filed a joint request asking the Supreme Court of Minnesota to grant review of a lower court's decision that allows private citizens to sue pharmacies under the state's Consumer Fraud Act. If left unchanged, Minnesota pharmacies and retailers will be burdened with the requirement to disclose their profit margins and sell generic drugs at a price cap, which could result in increased consumer prices of generic prescription drugs.
The Court concluded that the Minnesota statute does not create a private cause of action in favor of unions against pharmacies for failing to pass on the difference between the acquisition cost of brand name drugs and substituted generic prescription drugs.
Procedural History and Case Documents: