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No. 25-1018October Term 2025Petition Pending

Docket 25-1018October Term 2025 (2025–2026)

Pharmaceutical Research and Manufacturers of America, Petitioner v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services

Pharmaceutical Research and Manufacturers of America challenges an Oregon law requiring drugmakers to submit and publicly disclose reports explaining certain drug-price increases, including information the group says may contain trade secrets.

Case status

Current stage
Petition Pending
Latest event
Petition pending
Decision timing
No decision timeline until the Court agrees to hear the case.
Petition PendingNot granted
ArgumentsNot scheduled
Decision ReleasedNot scheduled
What it's about

Pharmaceutical Research and Manufacturers of America challenges an Oregon law requiring drugmakers to submit and publicly disclose reports explaining certain drug-price increases, including information the group says may contain trade secrets. The petition argues that the law violates the First Amendment by compelling speech and the Fifth Amendment by allowing publication of confidential business information without compensation.

Question presented

1. When a state law requires a pharmaceutical company to file reports with the government disclosing information about drug pricing, does that law violate the company’s right to free speech? 2. When a state law permits disclosure of trade secrets reported to a state regulatory body if that disclosure is in the public interest, is that law facially invalid under this Court’s precedent expressly permitting the disclosure of trade secrets in some circumstances?

Case path

United States Court of Appeals for the Ninth Circuit / Petition pending

Area

First Amendment

Briefing

What it's about

A drug-industry group challenges an Oregon law requiring drugmakers to submit reports explaining certain price increases. The group says public disclosure of some report information can compel speech and expose confidential business information, including trade secrets.

Argument

The case is pending, and oral argument has not been scheduled. The petition argues that Oregon's reporting and disclosure rules compel speech and can publish confidential business information; a divided Ninth Circuit panel upheld the law.

Impact

The case could affect drugmakers that must explain price increases and consumers seeking information about why drug costs rise. It also could shape when states may publish confidential information reported to regulators.

What is at stake in PhRMA v. O'Day?

The case asks whether Oregon may require drugmakers to explain price increases and publicly disclose reports that may contain trade secrets.

Who could be affected by the Oregon drug-pricing case?

Drugmakers could face reporting and disclosure requirements, while consumers could gain access to information about certain drug-price increases.

What happens next in PhRMA v. O'Day?

The Supreme Court will decide whether to hear the case. No oral argument has been scheduled.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Primary materials6
Context reporting3