The California Democrat accused Johnson & Johnson—makers of the $160,000-per-year leukemia drug Imbruvica—of floating a 'flimsy legal theory' in a 'desperate attempt to protect profits.'
Referring to Imbruvica—one of the first 10 drugsby the Biden administration for Medicare price negotiations—Khanna told Weis that "you've got a pill for leukemia patients, you sell it for $484 per capsule, that's $160,000 a year, you make $22 billion over that over the last 10 years, and you're making $65 billion in profit."
"Now, we have passed, as a Congress, and the president has signed a bill, saying: 'You know what? Let Medicare negotiate to try to bring that price down,'" the congressman continued. "And you, in your department—'cause you're assistant general counsel—have filed a lawsuit saying that negotiation would be an 'unjust taking.
I guess I don't understand how, being the assistant general counsel, you can come before the United States Congress when you're suing the United States government, saying that we are taking your property. Now, that's a very serious charge... and you don't know whether it's a taking? Khanna asserted that it's necessary for federal agencies to negotiate drug prices so that pharmaceutical firms "don't make $65 billion in profits every year and so leukemia patients don't pay $160,000" for a year's supply of Imbruvica.
"I think it is shameful what you and the pharmaceutical companies have done in suing the United States government to protect those profits," he added, "and you are totally unprepared to answer a single question about what the takings clause is and the justification for that lawsuit."
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