Overview

• U.S. District Judge Brian Miller issued a preliminary injunction on July 28, pausing the enforcement of Act 624.
• Act 624, signed by Gov. Sarah Huckabee Sanders in April, would have prohibited pharmacy benefit managers from owning retail pharmacies starting August 5.
• PBMs including CVS Caremark, Express Scripts and Optum Rx argued the law discriminates against out-of-state businesses in violation of the Commerce Clause.
• Arkansas Attorney General Tim Griffin has vowed to appeal, asserting the restriction is needed to protect independent and rural pharmacies from anticompetitive PBM practices.
• Similar PBM ownership bans are under consideration in Vermont, Texas and New York as part of broader efforts to address drug pricing and market concentration.