"If you are a plan sponsor or a broker placing a specialty drug carve-out, this case has changed what you can rely on. Plenty of vendors in the market sell what they call specialty carve-outs, alternative funding programs, or international sourcing programs. Some are well-run programs. Others source drugs from outside the U.S. FDA-approved supply chain.... The court found Gilead likely to succeed in proving that international sourcing of FDA-approved drugs through AFPs is unlawful and that the companies and individuals facilitating it can be liable." [Gilead Sciences, Inc. v. Meritain Health, Inc., No. 24-3566 (D. Md. Jun. 24, 2025; on appeal to 4th Ci. No. 25-1828)]  MORE >>