The commerce group for generic drug corporations within the U.S. has filed a lawsuit alleging a brand new Illinois legislation that’s designed to forestall worth gouging is unconstitutional, the newest effort to push again in opposition to states making an attempt to decrease the price of medicines.
In its lawsuit, the Affiliation for Accessible Medicines argued the legislation offers the state the facility to manage interstate commerce. At problem is the Dormant Commerce Clause, a constitutional precept that bars particular person states from regulating commerce past their very own borders. The group argued the legislation runs afoul of the U.S. Structure as a result of it penalizes generic drug corporations for nationwide worth hikes.
The commerce group additionally contended the legislation violates the constitutional proper to due course of as a result of the state has the correct to file lawsuits over out-of-state transactions. The lawsuit additional maintained the legislation gives “a very imprecise definition” of worth gouging. The group additionally alleged that the $10,000 penalty per day for every violation is “huge” and can trigger its members “vital financial hurt.”