Cigna subsidiary sues FTC demanding withdrawal of PBM report

Cigna subsidiary Express Scripts demanded that the Federal Trade Commission – FTC – retract its July 2024 report in a lawsuit filed in federal court in Missouri. Express Scripts claims that the report is “filled with false and misleading claims about the pharmacy benefit management – PBM – industry and fails to serve the interests of American consumers.” “The FTC has taken unconstitutional actions in publishing a report that ignores the evidence provided by our company and other PBMs, demonstrates clear ideological bias and advances a false and damaging narrative – a narrative that could harm the health care system by removing essential checks and balances which would result in higher drug prices for American consumers,” said Andrea Nelson, Chief Legal Officer for The Cigna Group. “We don’t take this step lightly, but as advocates working to lower drug prices for millions of Americans and the employers, labor unions, and government agencies that provide their prescription drug benefits, we cannot let the FTC’s unlawful actions and false information stand.” For more than two years, Express Scripts cooperated with the FTC study into the PBM industry. Express Scripts claims that the FTC’s report “disregarded the millions of documents and terabytes of data produced by Express Scripts and other PBMs…There is no support for claims that PBMs are responsible for high drug costs. There is no evidence that the alleged power of PBMs has been increasing over time. Express Scripts passes through over 95% of all rebates and fees it receives to its client plan sponsors”.