Minnesota Insulin law challenged by PhRMA in federal court

(St. Paul, MN ) – Drug makers are back in the courtroom attempting to dismantle Minnesota’s emergency insulin law.

The Pharmaceutical Research and Manufacturers of America (PhRMA) is asking the U.S 8th Circuit Court of Appeals to overturn the lower court’s ruling that allowed the new law to stay in place. The lawsuit alleges Minnesota is taking property from drug companies without paying proper compensation for the drugs, and that the state specifically violated the United States Constitution’s taking clause. 

The law is called the Alec Smith Insulin Affordability Act, named after the 26-year-old who died after he attempted to ration his insulin supply. It allows diabetics to seek an emergency one-time 30-day supply of the lifesaving drug from a pharmacy. There is also an option to enroll in a 90-day program.

The legal challenge brought out supporters in droves, as they gathered outside the federal courthouse in St. Paul to put public pressure on the drug companies.