UK-US Drug Pricing Deal Sparks Legal Threats Over NHS Drug Approval Process

In May 2026 the Department of Health and Social Care (DHSC) issued a statutory instrument permitting the health secretary to overrule NICE’s price recommendations for NHS medicines. The instrument took effect last month as part of a UK-US drug-pricing pact.

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December 2025 pact with Trump administration secures three years of tariff-free UK drug exports to US and NHS access to treatments. Global Justice Now (Nick Dearden) and Just Treatment (Diarmaid McDonald) oppose change; former health secretary Andrew Lansley says it may breach Health and Social Care Act 2012.

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DHSC spokesperson said instrument does not erode NICE’s independence, as ministers cannot direct its recommendations, and added the deal will broaden patient access, keep UK drug exports tariff-free for three years, and approve a brain-cancer drug for patients as young as 12.

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Global Justice Now calls the change an “unlawful power grab”; Just Treatment says it refused to publish impact assessments. MPs warn of secrecy and lack of Commons debate, and Andrew Lansley says instrument breaches Health and Social Care Act 2012.

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Campaigners say the instrument lets the health secretary override NICE’s pricing judgments; the DHSC says the law prevents ministers directing NICE’s recommendations. No independent verification of the instrument’s effect has been provided.

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Global Justice Now and Just Treatment sent a nine-page “letter before claim” to DHSC, saying they will seek judicial review in the High Court unless instrument is revoked. MPs demand publication of deal’s impact assessment and a Commons debate.

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• “They risk sabotaging our carefully worked-out mechanism for keeping a lid on big pharma’s overinflated prices, and they have done so without so much as a debate in parliament.” — Nick Dearden, Director, Global Justice Now

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• “Diarmaid McDonald, the director of Just Treatment, said: “They’ve refused to publish their own assessments of the damage the deal will do to the NHS and they’ve used a parliamentary process designed to make it extremely difficult for MPs to properly scrutinise what they are up to.” — Diarmaid McDonald, Director, Just Treatment

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• “Nice’s independence will always be protected. It will continue to set out guidance and make recommendations entirely free from political interference, balancing clinical effectiveness with making sure taxpayers get a good deal,” — DHSC spokesperson

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• “This will mean thousands of patients have access to life-changing new treatments, including recently approving a brain cancer drug for patients as young as 12.” — DHSC spokesperson

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• “But we believe the process they have followed is unlawful and we are ready to take them to court to defend NHS patients and our democracy.” — Campaigners (Global Justice Now/Just Treatment)

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