On May 1, 2024, the NAM filed an amicus brief urging the Michigan Supreme Court not to overturn its precedent that renders the Michigan Consumer Protection Act inapplicable to transactions or conduct specifically authorized by law. In this case, Michigan lower courts found that binding Michigan Supreme Court precedent foreclosed the Michigan Attorney General’s claim that the MCPA applies to a drug manufacturer’s drug pricing because the manufacturer has authorization from both state and federal agencies to manufacture and sell those medications. The Michigan Supreme Court granted the AG’s petition requesting that it abandon its precedent, which would significantly expand the scope of claims and exposure for any manufacturer doing business in Michigan.
We argue that the Michigan Legislature expressly exempted from the MCPA’s reach transactions governed by regulatory regimes and that maintaining the court’s precedent provides stability and clarity to manufacturers with authorized transactions.