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April 17, 2026
As we reported in the April 16 Benefits Byte, the U.S. Court of Appeals for the 6th Circuit recently ruled in McKee Foods Corporation v. BFP Inc. that a Tennessee “any willing pharmacy” law is preempted by ERISA, finding that the state measure would have interfered with the uniform administration of employers’ pharmacy benefits.
In the latest episode of Just a Minute!, Council President Katy Johnson explains how this case is an example of the Council’s vigilant advocacy in support of ERISA preemption and a victory for our amicus (“friend of the court”) brief program.