The Consumer Federation of America, National Consumers League, National Legislative Association on Prescription Drug Prices and U.S. PIRG filed an amicus brief to urge the court to stop the merger of Express Scripts and Medco pharmacy benefit manager (PBM) companies. 

The brief cites that the merger will harm consumers through increased costs and reduced choice and access to retail community pharmacies, as well as access challenges for vulnerable patients who rely on specialty pharmacy drugs.  

Legal Action Part of “All-Levels, All Branches of Government” Efforts by Community Pharmacy to Prevent Proposed Mega Merger

In continuing efforts to protect patient care and community pharmacy access, the National Association of Chain Drug Stores (NACDS), the National Community Pharmacists Association (NCPA), and nine retail pharmacy companies today filed a lawsuit against the proposed mega merger of pharmacy benefit manager (PBM) companies Express Scripts Inc. and Medco Health Solutions Inc.  The lawsuit was filed in the U.S. District Court for the Western District of Pennsylvania.

Joining NACDS and NCPA as plaintiffs in the lawsuit are nine community pharmacy companies that are headquartered in or have a presence in Pennsylvania.  Active participation by community pharmacies – both chains and independents - that serve patients every day further illustrates the anti-consumer, anti-competitive impact of the proposed merger.  The following companies are plaintiffs on the complaint: Brighton Pharmacy; Klingensmith Drug Inc.; Kopp Drug, Inc.; Lech’s Pharmacy Group; Means Lauf Super Drug; Hometown Pharmacies; Skippack Pharmacy; Thompson Pharmacy; and Value Drug Company/Value Specialty Pharmacy.

“A merger of Express Scripts and Medco would have dire consequences for patients and the retail community pharmacies that serve them.  We continue to make a strong case to the Federal Trade Commission (FTC) and state attorneys general about the negative impact this proposed merger will have on patient access to community pharmacy and the healthcare delivery system,” said NACDS President and CEO Steven C. Anderson, IOM, CAE and NCPA CEO B. Douglas Hoey, RPh, MBA.

NACDS members, pharmacy students and faculty, and state pharmacy association representatives will travel to Washington, D.C. on March 21 and 22 for the event known as NACDS RxIMPACT Day on Capitol Hill. NACDS says the message of approximately 250 Congressional meetings will focus on public policy issues that can either leverage the unsurpassed value of neighborhood pharmacies to advance patient care, or that could alternatively hinder the health of patients, employment and community economies alike. 

“No issues are higher on NACDS’ list of priorities than urging members of Congress to express to the Federal Trade Commission (FTC) their concerns and opposition to the proposed Express Scripts and Medco merger, and advocating for legislation to regulate pharmacy benefit managers,” said NACDS President and CEO Steven C. Anderson, IOM, CAE. 

Supermarket News editor-in-chief David Orgel is the latest to write about the "controversial" comments of Express Scripts CEO George Paz, who dismissed the value of pharmacy by saying "...drugs are drugs, and it shouldn't matter that much who's counting to 30." 

Last week's anti-pharmacy comments of Express Scripts CEO George Paz have touched off fury on Twitter and in the blog world, very similar to the reaction of similar comments by Medco CEO David Snow last October.

NACDS says “pill counters” comment rivals Medco CEO’s “robots vs. pharmacists” comment in insensitivity toward patients and pharmacists alike

Following in the tradition of Medco CEO David Snow, who disregarded neighborhood pharmacists in remarks at a Cleveland Clinic conference last October, Express Scripts CEO George Paz today revealed his apparent less-than-high-esteem for the otherwise highly popular profession.

Associated Press business writer Tom Murphy quoted Paz as saying the following during a conference call with analysts:  "At the end of the day ... Nexium is Nexium, Lipitor is Lipitor, drugs are drugs, and it shouldn't matter that much who's counting to 30."

“These CEOs told Congress in two recent hearings that they like pharmacists.  Their comments about pharmacists in other settings may not rise to contempt of Congress, but they certainly meet the standard for contempt of patient care,” said National Association of Chain Drug Stores (NACDS) President and CEO Steven C. Anderson, IOM, CAE.

“This comment by Express Scripts CEO George Paz rivals the insensitivity toward patients and pharmacists demonstrated by Medco CEO David Snow in his now infamous ‘robots vs. pharmacists’ comment.”

"Influence Alley" - a blog of the Capitol Hill publication National Journal - wrote about the upcoming "fly-in" of the National Association of Chain Drug Stores, and the fact that pharmacy benefit manager issues will be on the list of topics to be addressed by pharmacy advocates in hundreds of meetings with legislators.

Says PBMs’ flawed claims are “illustrative” of current practices and of future actions if anti-competitive and anti-consumer merger is allowed

The National Association of Chain Drug Stores submitted comments to U.S. Senator Herb Kohl (D-WI), clarifying misleading statements made by Express Scripts Chief Executive Officer George Paz and Medco Chief Executive Officer David Snow at a recent congressional hearing.

Emphasizes lack of evidence that PBMs pass on savings to consumers, employers and health plans; notes abundance of skepticism among consumer groups and public officials

Mike Bettiga, chief operating officer of NACDS-member Shopko Stores Operating Company, LLC, testified before the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights on the proposed mega-merger of Express Scripts and Medco and its feared negative effects on health outcomes and patient and prescription drug costs. The subcommittee held a hearing on the controversial proposed acquisition in the pharmacy benefit manager (PBM) industry, titled “The Express Scripts/Medco Merger: Cost Savings for Consumers or More Profits for the Middlemen?”

Consumers Union and NACDS are among those quoted in a New York Times article published on the day of a Senate Judiciary subcommittee hearing on the proposed Express Scripts and Medco merger.  "Our concern is that a mega PBM would have tremendous power and control over what prescription drugs Americans can get, where they get them, and how much the drugs cost," said Don Bell, senior vice president and general counsel for NACDS.

New ad asks, “What will stop Express Scripts and Medco from putting profits ahead of patients?” 

NACDS today unveiled the print advertising component of its campaign to emphasize the anti-competitive and anti-consumer effects of the proposed merger of Express Scripts and Medco. The new print ad was published in today’s Washington Post.  The new print ad was published in today’s Washington Post.  The print ad can be seen by clicking here.  NACDS’ previously announced radio ad can be heard be clicking here.

Pharmacist, 40-year community pharmacy veteran: Express Scripts-Medco merger would be a “tipping point in PBM market consolidation”

Dennis Wiesner, senior director of privacy, pharmacy and government affairs for National Association of Chain Drug Stores (NACDS) member H-E-B (San Antonio, Texas), testified before a House panel today about the negative effects – ultimately on consumers – if the proposed merger between pharmacy benefit managers (PBM) Express Scripts and Medco were approved. The Judiciary Subcommittee on Intellectual Property, Competition and the Internet held a hearing today titled “The Proposed Merger between Express Scripts and Medco.”

On creation of huge new industry middleman: “Too big. Too much power. That’s not healthy.”

Amid a hearing in Congress this week on the controversial Express Scripts-Medco proposed merger, and with rising consumer- and Congressional voices of opposition to the merger, the National Association of Chain Drug Stores (NACDS) today launched advertising to warn further of the mega-deal’s feared anti-competitive and anti-consumer consequences.

Emphasizes unsurpassed value of community pharmacy in improving patient health, lowering healthcare costs across the board

The National Association of Chain Drug Stores (NACDS) today sent letters to U.S. Senator Mark Pryor (D-AR) and U.S. Representative Cathy McMorris Rodgers (R-WA) applauding their sponsorship of companion legislation that seeks to preserve pharmacy choice for patients and takes additional steps to prevent threats to pharmacy patient care.

Urges opposition to merger in comments to Ways and Means Subcommittee on Health

Questions whether huge PBM would live up to claims of passing along any cost-savings

Calling on Congress to scrutinize the controversial proposed merger of two large pharmacy benefit management (PBM) companies, today the National Association of Chain Drug Stores (NACDS) submitted comments to the U.S. House of Representatives Ways and Means Subcommittee on Health emphasizing its opposition to the proposed Express Scripts and Medco. The House panel held a hearing today titled “Health Care Industry Consolidation.”

Emphasize Merger’s Anticompetitive Consequences & Potential Harm to Consumers

The National Association of Chain Drug Stores (NACDS) and National Community Pharmacists Association (NCPA) – who represent a near totality of the nation’s pharmacy community – today commended the U.S. Federal Trade Commission (FTC) for issuing a "second request" - further investigation of the proposed merger of Express Scripts, Inc. and Medco Health Solutions, Inc.

Emphasize Merger’s Anticompetitive Consequences & Potential Harm to Consumers

The National Association of Chain Drug Stores (NACDS) and National Community Pharmacists Association (NCPA) – who represent a near totality of the nation’s pharmacy community – sent their first formal letter to the U.S. Federal Trade Commission (FTC) in shared opposition to the proposed merger of Express Scripts, Inc. and Medco Health Solutions, Inc.

Emphasize near-monopoly’s threat to patient care, pharmacy access

National Community Pharmacists Association (NCPA) Executive Vice President and CEO B. Douglas Hoey, RPh, MBA, and National Association of Chain Drug Stores (NACDS) President and CEO Steven C. Anderson, IOM, CAE, issued the following joint statement today regarding the proposed merger of Express Scripts, Inc. and Medco Health Solutions, Inc.: