Prescription bottles The court found that the agreements the pharmacies had entered into with Express Scripts allowed it to purse mail-order prescription arrangments with consumers without breaching their contract. (Photo: Shutterstock)

An Eighth Circuit Court gave Express Scripts and its mail-order pharmacy program a win this week when it upheld a district court ruling dismissing allegations that the pharmacy benefits manager was taking advantage of its role as a pharmacy benefits manager to switch consumers to its mail-order pharmacy program without the consent of either the pharmacy or consumer.

Five independent pharmacies filed a lawsuit last year arguing that Express Scripts (ESI) was in breach of contract as well as good-faith and fair-dealing covenants by requiring pharmacies to provide information about customers. The pharmacy benefits manager would then use to switch customers to switch to Express Script’s mail-in pharmacy program without their or their pharmacy’s authorization, the pharmacies alleged.

Complete your profile to continue reading and get FREE access to, part of your ALM digital membership.

Your access to unlimited content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and events.
  • Access to other award-winning ALM websites including and

Already have an account?

Emily Payne

Emily Payne is the current deputy editor for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.

More from this author


Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join now!

  • Unlimited access to - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including and
  • Exclusive discounts on and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2023 ALM Global, LLC. All Rights Reserved.