Statement from iBIO President and CEO John Conrad on Federal Court Ruling Blocking Colorado Drug Price Cap

by John Conrad | Jul 6, 2026 | Policy News

CHICAGO, IL - iBIO applauds the federal court's decision to issue a preliminary injunction preventing Colorado from implementing its upper payment limit (UPL) for Enbrel. This ruling underscores a critical truth: state-level price controls that infringe on federal patent rights are not only legally precarious but also threaten the innovation ecosystem that drives the discovery and development of new treatments for patients.

We hope lawmakers in Illinois and across the nation take note of this decision. The creation of Prescription Drug Affordability Boards (PDABs) with the authority to impose government-set price caps creates significant legal uncertainty, discourages investment in biomedical innovation, and risks limiting patient access to future therapies.

iBIO has consistently advocated for policies that deliver meaningful savings to patients at the pharmacy counter. Rather than creating costly, bureaucratic boards with questionable legal authority, policymakers should pursue reforms that address the true drivers of out-of-pocket costs-ensuring manufacturer rebates are passed directly to patients, increasing transparency throughout the pharmaceutical supply chain, promoting competition through timely approval of generics and biosimilars, and expanding affordable insurance coverage.

Since their inception, Prescription Drug Affordability Boards have repeatedly failed to demonstrate that they lower costs for patients at the pharmacy counter. Instead, they have added layers of bureaucracy, created uncertainty for innovators, and diverted attention from proven reforms that can provide immediate, measurable savings. Patients deserve policies that reduce what they pay when they fill a prescription-not government price-setting schemes that threaten innovation without delivering meaningful affordability. Illinois should focus on solutions that improve access, strengthen competition, and lower costs where patients experience them most: at the pharmacy counter.