Colorado Sued by Amgen Over PDAB Price Cap on Enbrel

Amgen, the manufacturer of Enbrel (a rheumatoid arthritis and ankylosing spondylitis treatment), filed a lawsuit against the Colorado Prescription Drug Affordability Review Board (PDAB) after the board determined Enbrel to be “unaffordable” and established an upper payment limit (UPL) of $600 per 50mg unit of the drug. In the suit, Amgen claims the UPL, which imposes price caps on the sale or purchase of Enbrel beginning Jan. 1, 2027, is unconstitutional and jeopardizes patient access to the drug.

Amgen previously sued the PDAB when the board was first considering a UPL, but the lawsuit was dismissed by a federal judge on the grounds that the company had not demonstrated it would likely suffer harm from the Board’s actions. The case is scheduled for a preliminary hearing in Jan. 2026. Colorado is the first state to set a UPL through a PDAB.