The Michigan Supreme Court has rejected two class actions and a qui tam action alleging that multiple pharmacies violated Michigan’s law requiring pharmacists to pass savings onto purchasers when fulfilling prescriptions for name-brand drugs with generic versions.
Chief Justice Robert Young Jr. wrote that the plaintiffs failed to adequately plead their cause of action because they tried to extrapolate to all the Michigan defendants the wholesale costs from one Kroger pharmacy in West Virginia. The plaintiffs argued that the Michigan defendants’ wholesale costs were not materially different because their purchasing power was substantially the same as the Kroger chain’s.
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