Key facts
- A federal judge blocked Colorado's price cap on Amgen's arthritis drug Enbrel.
- The cap would have limited the price to $600 per weekly dose, or $31,200 annually.
- The judge ruled that the cap likely conflicted with federal patent law and could harm Amgen.
- Amgen argued the cap violated its due process rights and threatened patient access.
- The price cap was scheduled to take effect on January 1, 2027.
A federal judge has halted Colorado's pioneering effort to cap the price of Amgen Inc's blockbuster arthritis drug Enbrel, ruling that the state's move likely violated federal law and could cause significant harm to the drugmaker.
Chief Judge Daniel Domenico of the Denver federal court granted Amgen a preliminary injunction, stating that the drugmaker would likely suffer irreparable harm from lower prices, which could also impact its future contract negotiations. He acknowledged Colorado's interest in making drugs affordable but concluded that capping the price of a patented drug was not a permissible method.
The Colorado Prescription Drug Affordability Board had set a cap of $600 for a 50-milligram weekly dose of Enbrel, translating to $31,200 annually, effective January 1, 2027. The drug's list price exceeds $100,000 per year.
Amgen had argued that the cap conflicted with federal patent law, violated its constitutional due process rights, and threatened patient access to the medication. Enbrel, chemically known as etanercept, is a significant revenue generator for Amgen, with sales reaching $2.23 billion in 2025.