DTC Ad Proposal: Biopharma, Advertisers Marshall Legal Arguments In Opposition
Industry comments urge CMS to withdraw proposed rule mandating list price disclosures in TV ads, citing legal conflicts.
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HHS lacks authority to require drug price disclosures in TV ads, judge rules. Even if legislation were to explicitly give the Trump Administration such authority, First Amendment issues would still linger.
Merck, Lilly, Amgen join advertisers in suit against HHS; rule helped Trump administration spotlight industry pricing practices but potential impact has always been unclear.
Nevertheless, the Pharmaceutical Research and Manufacturers of America announces enhancement of its voluntary drug pricing disclosures program, a Medicines Assistance Tool website that links to individual company sites, in response to the US rule.