Drug manufacturers challenge emergency insulin law in federal court

A law that is set to give Minnesotans access to an affordable 30-day supply of insulin is being challenged by a group representing pharmaceutical manufacturers.

The Alec Smith Insulin Affordability Act is set to take effect Wednesday. The law, which Gov. Tim Walz signed earlier this year, allows those who are uninsured, under-insured or on Medicare to receive a 30-day supply of insulin for $35.

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A day before the law went into effect, the Pharmaceutical Research and Manufacturers of America, also known as PhRMA, filed a lawsuit in federal court claiming the law is unconstitutional.

The lawsuit claims that because the law requires drug manufacturers to provide insulin at a reduced price — without any compensation from the state in return — it violates their Fifth and 14th amendment rights, which prohibit the state from taking private property for public use without just compensation.

PhRMA is seeking a permanent injunction against the Alex Smith Emergency Insulin Act and a declaration from the court that states the law violates the Constitution.

Minnesota Senate Majority Leader Paul Gazelka, R-East Gull Lake, said he was "disappointed" with the lawsuit. The Alec Smith Insulin Affordability Act passed the Senate by a unanimous vote.

“Senate Republicans remain committed to providing emergency insulin for those in crisis no matter what happens with this poorly timed lawsuit," Gazelka said in a statement.