COLORADO — A federal judge on Friday dismissed a lawsuit that challenged Colorado's power to cap prescription drug costs.
The lawsuit came after Colorado's Prescription Drug Affordability Review Board (PDAB) deemed the drug Enbrel "unaffordable" in February 2024. Etanercept (Enbrel) is a prescription medicine used to treat several long-term autoimmune inflammatory diseases, including rheumatoid arthritis.
According to a recent report by PDAB, Enbrel has ranked among one of the top 20 drugs for worldwide sales. The group adds that the drug's wholesale cost has increased a total of 36 times since its FDA approval in 1998.
According to a PDAB report from 2024, the out-of-pocket cost of Enbrel for patients with commercial insurance averaged around $4,000, with some costs reaching nearly $10,000 for a year's supply.
PDAB was established by the state in 2021 to review prescription drug prices and determine whether certain drugs are “unaffordable for Colorado consumers.
A month after the group announced a price cap for Enbrel, the pharmaceutical company, Amgen, which makes the drug, filed a federal lawsuit to stop it. On Friday, a federal judge in Colorado dismissed the case, saying Amgen did not have enough to prove this would cause the company harm.
In a statement, a spokesperson with Amgen said, "We have reviewed the U.S. District Court for the District of Colorado’s decision. We continue to have significant concerns with the Board’s flawed policy and procedures during the rulemaking process to set an Upper Payment Limit (UPL) for Enbrel®(etanercept). Not only is the law unconstitutional, but price controls will not meaningfully address affordability at the pharmacy counter and will instead create new access barriers for many patients. As we consider our next steps, Amgen remains committed to driving access and affordability solutions for Enbrel patients."
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Isabel Cruz and the nonpartisan nonprofit organization, Colorado Consumer Health Initiative, have been fighting to ensure all Coloradans have equal access to high-quality medical care.
"We have been working with our members and patient groups across the state and across the nation to push the Prescription Drug Affordability Board to do the important work that it was created to do," Cruz told Denver7. "To make sure that no Coloradans have to choose between paying their rent or affording the prescription drugs they need to stay healthy and well."
These are efforts that Colorado resident, Christian Kiddle, wholeheartedly appreciates.
Kiddle said his mother is a recovering cancer patient. His family knows the pain of sky-high prescriptions all too well.
"Prescriptions aren't the only thing that you're paying for in these situations. You know, we were in and out of hospitals, and then you have your regular bills on top of it. I mean, it's not like you're able to do anything extra. It just becomes really tight," Kiddle said.
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Cruz said the judge's decision has eliminated a hurdle for the PDAB as it prepares to start its first upper payment limit process for the Enbrel.
"This represents one milestone in fighting back against Pharma efforts to protect their profits," she said.
Cruz said that three drugs have officially been deemed "unaffordable" in Colorado so far — Enbrel, Stelara and Consentyx.
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