WASHINGTON — Maryland’s law aimed at preventing “price-gouging” by drugmakers has been ruled unconstitutional.
On Friday, an appeals court found that the law passed in 2017 regulated trade outside of the state’s borders and therefore violated a commerce clause.
Maryland Attorney General Brian Frosh issued a statement on the court’s decision, calling it “disappointing.”
Frosh, who worked to pass the bill that targeted drugmakers charging “unconscionable” price increases, said in a statement that it appeared the panel majority of the Fourth Circuit Court of Appeals “misunderstood the scope of the statute.” Frosh contends the law is constitutional because it doesn’t seek to regulate drug prices in other states.
“We are evaluating all options with regard to next steps. We remain committed to pursuing efforts to eliminate price gouging and to safeguarding Marylanders’ access to prescription drugs,” Frosh said in a statement.
