Legal Challenge: Healthcare Giants Seek Removal of FTC Leaders in Major Lawsuit
ICARO Media Group
**Healthcare Giants Move to Disqualify FTC Leaders in Major Lawsuit**
In a significant legal maneuver, healthcare behemoths UnitedHealth Group, CVS Health, and Cigna have requested that a federal judge remove the Federal Trade Commission Chair Lina Khan and two Democratic FTC commissioners from the agency’s lawsuit targeting the largest pharmacy benefit managers (PBMs) in the country. The legal filings, submitted Tuesday night, argue that Khan, along with Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya, have shown bias against the PBMs and their related group purchasing organizations.
Attorneys representing UnitedHealth’s Optum Rx, CVS Caremark, and Cigna’s Express Scripts accuse the three commissioners of making "repeated incorrect prejudgments" about the role and conduct of PBMs. These statements, the companies contend, have compromised the impartiality required for a fair trial. "The three commissioners' public condemnations... would lead any neutral observer to believe that their minds are - at the outset of this action - irrevocably closed to contrary views of PBMs and their conduct," states CVS' motion to disqualify.
Optum Rx's submission to the court highlights Khan, Slaughter, and Bedoya's alleged "disparaging remarks," viewing them as evidence of a "blatant bias" against PBMs. In its motion, Cigna asserts that Chair Khan's statements suggest she has already made up her mind about the fundamental issues at play in the lawsuit, undermining the integrity of the proceedings.
The motions underscore deep tensions between regulatory bodies and industry leaders, further complicating the high-stakes litigation surrounding pharmacy benefit managers and their influence on drug pricing and rebates. As these proceedings unfold, the healthcare and legal communities will be closely watching the federal judiciary’s response to the disqualification requests.