Express Scripts has filed a lawsuit in federal court demanding the Federal Trade Commission (FTC) retract its July 2024 report on the pharmacy benefit management (PBM) industry.
The company argues that the report contains false and misleading claims, disregards critical data provided by PBMs, and could harm consumers by potentially raising drug prices.
Express Scripts states it fully cooperated with the FTC's investigation, providing substantial data, which it claims was ignored in the final report. The company also contends that the FTC’s actions violate due process and constitutional principles.
In the lawsuit, the company maintains that PBMs deliver significant value by lowering drug costs for consumers, employers, and other plan sponsors. It argues that drug manufacturers, not PBMs, set high drug prices, and that PBMs help mitigate these costs through negotiations.
Claims were also made that said its operations saved clients approximately $38 billion last year and that it will “continue its efforts to make medications more affordable despite the report’s conclusions.”