Little Debbie vs. Independent Pharmacy: 5 Things to Know About a Tennessee Lawsuit that Could Impact How States Take On PBM Reform

McKee Foods Corporation is waging an unethical war on a Tennessee independent pharmacy and attempting to circumvent Tennessee state laws

Next Wednesday, November 30th, a hearing will take place on a lawsuit you’ve likely never heard of, but which may have lasting implications for independent pharmacies in PBM reform battleground states. Below are 5 things to know about this lawsuit, and why pharmacy owners should remain alert and look out for each other in this new era of PBM reform:

  1. Enacted patient protection legislation WILL be tested. Central to McKee Foods v. BFP, Inc. is whether Tennessee-based McKee Foods (manufacturers of treats including Little Debbie snacks, Drake’s Cakes and other nuclear-fallout resistant delights) is above a newly-passed state law preventing PBMs from interfering with patients’ right to choose their pharmacy provider. McKee Foods is citing “ERISA preemption” as reason for cutting at least one local pharmacy from its provider network. McKee Foods’ PBM is MedImpact.

To learn more or donate to the legal fund, please click here.



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Pharmacists United for Truth & Transparency

PUTT is a nonprofit organization dedicated to advocating on behalf of independent pharmacy & fighting against PBM anti-competitive business tactics.