Judge blocks Colorado's payment cap on Amgen's Enbrel
A federal judge has blocked Colorado’s Prescription Drug Affordability Board from enforcing an upper payment limit on Amgen’s Enbrel, granting a preliminary injunction after finding the company was “likely to be significantly harmed” by the cap. Enbrel is one of Amgen’s biggest sellers.
Colorado created its affordability board about four years ago and has moved faster than other states in identifying drugs it deems unaffordable and setting payment limits for most residents. That aggressiveness made it a test case, and the ruling is the clearest judicial pushback yet.
The decision matters beyond Colorado. Several states have set up similar boards on the theory they can rein in list prices where federal action is limited; a court signaling that manufacturers can win injunctions on financial-harm grounds gives the industry a template to challenge those laws and could slow state-level price-setting nationwide.