The Dormant Commerce Clause: What Impact Does It Have on the Regulation of Pharmaceutical Costs?

When states pass laws designed to control prescription drug costs, the pharmaceutical industry often responds with lawsuits claiming states are hindering interstate commerce and violating the federal Dormant Commerce Clause (DCC). NASHP’s legal experts believe states can craft drug cost policies that can withstand industry challenges.

This brief by Anna Zaret and Darien Shankse provides insight and analysis about DCC case law and highlights what state policymakers need to consider when drafting drug cost polices.

Click here to read NASHP’s blog to learn more about the Dormant Commerce Clause and drug cost regulation.

Click here to view NASHP’s easy-to-understand table featuring Dormant Commerce Clause’s “Dos and Don’ts.”