Frier Levitt partner Jesse Dresser is featured in MedCity News discussing newfound Arkansas legislation aimed at curbing PBM market power in the article, “Why CVS, Express Scripts Are Suing Over the Arkansas PBM Law.”
The new law, Act 624, bans PBMs from owning or operating pharmacies in the state, with the goal of a more competitive pharmacy market. In response, PBMs CVS and Express Scripts have sued, arguing the act is unconstitutional and unfairly hurts specific PBMs while exempting other non-local competitors.
Jesse weighs in on the efficacy of the resulting lawsuits, explaining how Arkansas’ regulation over PBMs is likely to be permitted, he notes, “States have broad authority to regulate pharmacies under the general police powers, and recent cases have shown that the Dormant Commerce Clause does not prohibit all state regulation that affects interstate commerce.”
Additionally, he comments on potential nationwide implications resulting from the lawsuits, emphasizing the possibility that other states may respond by ensuing similar restrictive legislation towards PBMs should the lawsuits end favorably for Arkansas.
Read the article: https://medcitynews.com/2025/06/cvs-express-scripts-pbm-arkansas/
