Supreme Court deals a fatal blow to Maryland drug ‘price gouging’ law

The Supreme Court on Tuesday dealt a fatal blow to an expansive Maryland law that aimed to bar drug makers from “price gouging” consumers.

The law, which the Maryland General Assembly passed in 2017, would have prohibited generic drug manufacturers from raising prices in a manner the state deemed “unconscionable.”

It was nullified in April 2018, when an appeals court held it was unconstitutional because it regulated commerce beyond Maryland’s borders. The Supreme Court on Tuesday formally declined to hear the appeal from the state’s Democratic attorney general, Brian Frosh.

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