Under West Virginia’s law, pharmacies can’t possibly make more money on generics than brands because the savings are supposed to be passed to the consumer. The West Virginia suit gives this hypothetical example:
Branded drug
Pharmacy’s acquisition cost: $64.76
Pharmacy’s price to consumer: $96.09
Profit: $31.33
Generic drug
Pharmacy’s acquisition cost: $7.20
Pharmacy’s price to consumer: $56.59
Profit: $49.39
Pharmacy’s price to consumer had the pharmacy been following the law: $38.53 (i.e. $31.33 plus $7.20).
Thus the consumer loses $18.06 (the difference between the “legal” price of $38.53 and the actual price of $56.50) every time they fill a generic prescription.
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