ST. LOUIS, June 12, 2026 – In a lawsuit filed in federal court in Tennessee, Express Scripts by Evernorth, the pharmacy benefits services business of The Cigna Group (NYSE: CI), and its affiliated pharmacies, requested that the court strike down an unlawful state law that will reduce access to prescription medications and health care for hundreds of thousands of Tennesseans. The law, SB2040 or the FAIR Rx Act, will force hundreds of pharmacies to shutter or relocate—including Accredo Specialty Pharmacy’s Memphis facility—eliminating thousands of Tennessee jobs and creating pharmacy deserts, particularly in rural areas, where more than a third of Tennesseans live.
This shortsighted law, which bars any pharmacy affiliated with a pharmacy benefit manager (PBM) and a health insurance issuer from operating or dispensing medications in the state, violates the U.S. Constitution and is unenforceable.
“Tennessee lawmakers are risking the health and well-being of Tennesseans who rely on the medicines and care they receive from our family of pharmacies,” said Susan Peppers, RPh, Vice President of Pharmacy Practice, Evernorth Health Services. “If this misguided law takes effect, hundreds of thousands of patients could be left scrambling to navigate pharmacy closures and find new ways to access their medications and essential clinical support. Tennesseans deserve convenient, affordable care, and we are doing everything we can to ensure their access to this care continues.”
Here are the facts on what Tennesseans and others will lose if the misguided FAIR Rx Act takes effect in 2028:
Tennesseans will lose care for complex, chronic and rare conditions provided by Accredo Specialty Pharmacy
- Accredo Specialty Pharmacy shipped over 168,000 prescriptions that treat complex diseases to more than 32,000 Tennessee patients in 2025.
- Many of these patients critically need these medicines and cannot get them anywhere else. More than 20 different medicines, treating a range of conditions including certain types of cancer and spinal muscular atrophy, are available to dispense only through Accredo.
- Accredo nurses provided over 10,000 hours of patient care directly to patients in Tennessee in their homes in 2025.
A major Tennessee-based pharmacy employing thousands across the state will be forced to close
- Express Scripts’ affiliated pharmacies in Tennessee employ more than 1,200 across the state.
- That includes an Accredo Specialty Pharmacy location in Memphis that dispensed more than 2.3 million prescriptions to nearly half a million patients nationwide in 2025, including more than 128,000 prescriptions within Tennessee.
Tennesseans will lose access to convenient home delivery through Express Scripts Pharmacy
- Express Scripts Pharmacy shipped more than 2 million prescriptions to Tennesseans last year.
Tennesseans will lose access to the timely delivery of fertility medications through Evernorth’s fertility pharmacies
- The Express Scripts-affiliated fertility pharmacies – Freedom Fertility Pharmacy and VFP Pharmacy Group – provide services to thousands of Tennesseans, delivering more than 21,000 prescriptions and helping more than 4,000 in the state build their families in 2025 alone.
- That means that if this law goes into effect, hundreds of women trying to build their families could have their fertility treatments, including IVF, disrupted – potentially even mid-cycle, which could lead to failed treatment.
Among the many patients Express Scripts’ affiliated pharmacies serve are military service members and their families. Express Scripts Pharmacy is proud to have served for over 20 years as the principal mail-order pharmacy for the military’s healthcare program. Accredo and Evernorth’s fertility pharmacies have also been designated to serve these patients.
”We’re deeply troubled by this law’s blatant prioritization of special interests and political agendas over the health of patients and a competitive marketplace,” said Andrea Nelson, General Counsel and Corporate Secretary of The Cigna Group. “We owe it to our patients and our colleagues across the state who are proud to call Tennessee home to do everything in our power to stop this unconstitutional law.”
The lawsuit, filed today in the U.S. District Court for the Middle District of Tennessee, follows a federal court’s decision last year to block enforcement of Arkansas Act 624—a similar law on which the sponsors of the FAIR Rx Act expressly modeled their bill.
For more information about Express Scripts’ work to make medications more affordable and accessible, visit https://www.evernorth.com/express-scripts-facts.
An overview of Express Scripts’ complaint, which argues the FAIR Rx Act violates the U.S. Constitution and other federal law, and the full text, are available here.
About Evernorth Health Services
Evernorth Health Services creates pharmacy, care and benefits solutions to improve health and increase vitality. We relentlessly innovate to make the prediction, prevention and treatment of illness and disease more accessible to millions of people. Evernorth capabilities are powered by our businesses, including Express Scripts, Express Scripts® Pharmacy, Accredo, eviCore and MDLIVE, along with holistic Evernorth platforms and solutions that move people and organizations forward. All Evernorth solutions are serviced and provided by or through operating affiliates of Evernorth Health, a wholly owned subsidiary of The Cigna Group (NYSE: CI), or third-party partners. Learn more at evernorth.com.
Media Contact
Justine Sessions
media@evernorth.com
