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223675P.pdf   03/12/2024  Pharmaceutical Research and Mfrs of America  v.  Alan McClain
   U.S. Court of Appeals Case No:  22-3675
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] Civil case - Health Care. Plaintiff, an association 
   representing pharmaceutical manufacturers, brought this action against the 
   Arkansas Insurance Department Commissioner in his official capacity, 
   alleging federal law preempted Arkansas Code Sec. 29-93-604(c) (Act 1103), 
   which prohibits manufacturers from limiting certain covered entities' 
   ability to contract with outside pharmacies. Section 304B, 42 U.S.C. Sec. 
   256b(a)(1) does not preempt Act 1103 under theories of field and obstacle 
   preemption; nor is Act 1103 preempted under an obstacle preemption theory 
   or an impossibility preemption. In sum, Arkansas Act 1103 is not preempted 
   by Section 304B or the FDCA's REMS program.