CVS and UnitedHealth Push to Disqualify FTC Chair Khan Amid PBM Lawsuit

FTC Chair Khan's Role in the PBM Lawsuit
UnitedHealth and CVS Caremark are urging a federal judge to remove Federal Trade Commission Chair Lina Khan, along with two commissioners, from their lawsuit concerning pharmacy benefit managers (PBMs). These firms argue that the commissioners exhibit significant bias due to their previous public statements against PBMs.
Claims of Bias Against Pharmacy Benefit Managers
In their filings, the companies highlight that Khan and Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter have long been vocal opponents of PBM practices, which they assert compromises the objectivity required for a fair legal process.
Legal Precedent and Implications
- Public Statements: The commissioners' condemnation of the actions related to PBMs raises concerns about due process.
- Objective Fairness: CVS and UnitedHealth claim that their arguments cannot be heard by those predisposed against them.
Regulatory Pressure on PBMs
The lawsuit comes at a time when the Biden administration is intensifying scrutiny over PBM practices, amidst allegations of driving up drug costs and unfairly disadvantaging local pharmacies. This escalating regulatory environment raises questions about the future of PBM operations.
This article was prepared using information from open sources in accordance with the principles of Ethical Policy. The editorial team is not responsible for absolute accuracy, as it relies on data from the sources referenced.