Alicia Gilbert, assistant professor of law at Samford University’s Cumberland School of Law, is emerging as a national expert on ongoing litigation involving the federal 340B Drug Discount Program. She was recently featured in Law360’s article, “Pharma in Uphill Fight with Contract Pharmacy Laws,” which examines intensifying legal battles between states and major pharmaceutical manufacturers.
In the article, Gilbert analyzes why drugmakers’ repeated attempts to challenge state protections for 340B contract pharmacy arrangements have fallen short. She explains that because states have long regulated pharmacy practices, the federal statute’s silence on contract pharmacy arrangements “should create a presumption that Congress didn't intend to preempt states' power to also regulate that area.” Her analysis helps explain why multiple federal circuit courts have upheld state laws designed to prevent manufacturers from restricting the distribution of discounted drugs to safety-net providers.
Gilbert also highlights a key shift in the legal landscape. The same statutory silence that once supported manufacturers’ arguments that the Health Resources and Services Administration lacked the authority to force manufacturers to recognize contract pharmacy arrangements under the 340B Program is now reinforcing states’ authority to protect these arrangements without preemption. “We're now in a different landscape, asking whether states can address this issue, so the statute's silence now presents a barrier to PhRMA's preemption argument,” she told Law360.
Gilbert’s perspective in the Law360 piece builds on her earlier scholarship examining unresolved questions within the 340B program. In 2023, she published “340B: The Shoulder of Frankenstein’s Monster” in Harvard’s Journal on Legislation Online, an article that analyzes statutory ambiguity surrounding contract pharmacy arrangements and argues that Congress—not the courts—is best positioned to resolve the dispute.
Her expertise comes at a pivotal moment. As pharmaceutical manufacturers pursue appeals across the First, Fourth, Fifth, Eighth and Tenth Circuits, the outcomes carry significant implications for rural hospitals, low-income communities and the broader structure of the 340B Drug Discount Program. Gilbert’s research focuses precisely on these intersections of law, health policy and access to care, making her a sought-after voice in national reporting on pharmaceutical litigation.
Gilbert underscores the urgency of resolving the growing legal uncertainty surrounding the program. “Because of the uncertainty and severe financial challenges this issue poses to rural hospitals, and because of the implications on access to care for vulnerable populations, I continue to believe that Congress should squarely address this issue in the 340B statute,” she said.
Gilbert’s prominence in this high-profile legal debate reflects Cumberland School of Law’s increasing visibility in national legal conversations and highlights the real-world impact of faculty scholarship on pressing issues in health care law and pharmaceutical regulation.
