NASHVILLE, Tenn. (WZTV) — State Representative Aftyn Behn, (D-Nashville), raises concern about CVS’s recent messaging that their stores are closing in Tennessee, and calls for an investigation.
Rep. Behn has formally requested Tennessee Attorney General Jonathan Skrmetti to investigate CVS health for potential antitrust law violations and for consumer deception connected to HB 1959/SB 2040 or the Fair Rx Act. The legislation would prohibit pharmacy benefit managers (PBMs) from owning or controlling retail pharmacies.
In the letter, Rep. Behn addresses concerns that fall under the Tennessee Consumer Protection Act and the Tennessee Trade Practices Act, such as reports that CVS sent messages to customers to oppose the legislation and advertisements warning that 1.5 million Tennesseans could lose access to care.
Rep. Behn also points to CVS Health’s vertically integrated model—through CVS Caremark—as potentially monopolistic and discouraging of competitive business with independent pharmacies. The request also cites a $45 million settlement in Louisiana with CVS over PBM misconduct, including contact with patients during legislative debates.
“This is not merely a policy disagreement—it is a question of whether a dominant healthcare corporation is leveraging its market power to mislead consumers, influence legislative outcomes, and suppress competition,” said Behn in the letter.
CVS gave FOX 17 News the following statement:
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“We believe it’s important to let our Tennessee customers and patients know about this harmful legislation that could shutter 134 trusted CVS Pharmacy locations and 25 trusted MinuteClinic locations. Our communications with customers comply with state and Federal law.”