Oregon Court Upholds Drug Price Transparency Law

By Katie Anderson, Chief Editor, Pharmaceutical Online

After some back and forth, the 9th U.S. Circuit Court of Appeals has upheld Oregon law HB 4005, which requires pharmaceutical companies to disclose substantial price increases for drugs or financial information and prices for drugs that cost more than $100 a month. This law mandates Oregon to publicly post this information, even trade secret information if in the public’s interest.

The law was first enacted in 2018, followed by a lawsuit by Pharmaceutical Research and Manufacturers of America (PhRMA) in 2019, claiming an infringement of free speech for pharmaceutical companies and violation of public property. PhRMA asked the court to bar Oregon from enforcing the law.

In February 2024, U.S. District Judge Michael Mosman in Portland agreed that the law violated the first (free speech) and fifth (protection of property) amendments of the U.S. Constitution. However, Oregon appealed and over 21 state attorneys general filed a brief in support of the law. The states’ attorneys claimed the law could help their states lower drug costs.

On Aug. 26, 2025, a panel in the appeals court sided with Oregon, noting that the information submitted by pharmaceutical companies is commercial marketing information usually already provided to the public.

PhRMA remains concerned that this law makes drug companies appear solely responsible for high prices, when it finds that is not the case. It is also concerned that pharma companies may have to divulge trade secrets. Though the battle seems to be lost in Oregon, it is not alone in drug price transparency mandates. Other states such as California, Vermont, Maine, New Jersey, Utah, and more, have similar drug transparency laws. Given the support of this law, it stands to reason that more are to follow.