ARTICLE
14 March 2024

State AG Updates: February 21-28, 2024

CM
Crowell & Moring LLP

Contributor

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Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. Here are this week's updates.
United States Government, Public Sector
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Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. Here are this week's updates.

Multistate

  • The National Association of Attorneys General, a bipartisan coalition of 39 state attorneys general, sent a letter to Congressional leaders urging the U.S. Senate and House of Representatives to take decisive action to reform the way Pharmacy Benefit Mangers (PBMs) conduct businesses and bring more "transparency" to their work. The coalition highlighted three bills introduced to address potential abuses in the PBM industry: the DRUG Act (S1542/HR6283), Protecting Patients Against PBM Abuses Act (HR2880), and the Lower Costs, More Transparency Act (HR5378).
  • The Federal Trade Commission and nine state attorneys general filed a lawsuit to prevent The Kroger Company (Kroger) from acquiring Albertsons Companies, Inc. Washington, D.C. Attorney General Schwalb noted that eliminating Albertsons as a competitor would reduce the shopping choices for District residents. Arizona Attorney General Mayes emphasized how the merger would affect rural and urban communities alike.
  • Eighteen attorneys general wrote an amicus brief urging the Colorado Supreme Court to affirm a lower court's ruling that a Colorado baker violated the state's antidiscrimination law when he refused to bake a cake for a transgender customer. In Scardina v. Masterpiece Cakeshop, the Colorado Court of Appeals affirmed the lower court's decision that Masterpiece Cakeshop's refusal to bake a cake for plaintiff, after learning it was to celebrate her transition, violated Colorado's public accommodations laws. Colorado's Supreme Court agreed to hear the case in October 2023.

New York

  • Attorney General James wrote to the U.S. Food and Drug Administration urging that they take action to address the potential dangers of asthma and allergy drug montekulast, also known by the brand name Singulair. Multiple studies on Singulair, which has been on the market for 25 years, has shown a correlation between its use and the development of neuropsychiatric disorders.
  • Attorney General James filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (JBS USA) for misleading the public about its environmental impact. JBS USA claimed it will achieve net zero greenhouse gas emissions by 2040. However, it has documented plans to increase production and, therefore, increase its carbon footprint. The lawsuit accuses JBS USA of greenwashing, exploiting consumer trust, and endangering the planet by making false sustainability claims. AG James seeks to halt these deceptive practices, demand financial penalties, and ensure truthful advertising.

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