A Colorado board voted Friday to allow the Attorney General’s Office to fight an injunction against a price cap on a drug that treats arthritis.

A U.S. district court judge had granted the company Amgen a preliminary injunction, temporarily blocking Colorado from imposing a price cap on Enbrel, an injectable commonly used to treat arthritis.

Enbrel was the first, and so far only, drug for which the Prescription Drug Affordability Board has implemented a price cap since the body was established through legislation in 2021.

Last fall, Colorado
placed a $31,000 annual cap on Enbrel, the first state in the country to do so. The drug’s price has increased by over 1,500% since it was introduced in 1998, according to the Colorado Division of Insurance. The price cap was set to take effect on Jan. 1, 2027.

Shortly after the drug board voted to impose a cap on Enbrel, Amgen filed a lawsuit, arguing the cap conflicts with federal patent authority and violates the Dormant Commerce Clause of the U.S. Constitution.