DTC Ad Final Rule Means Reliance On PhRMA Program Risks Enforcement Action – Azar
Nevertheless, the Pharmaceutical Research and Manufacturers of America announces enhancement of its drug pricing disclosures voluntary program, a Medicines Assistance Tool website that links to individual company sites, in response to the US rule.
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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.
DTC rule is a good fight to lose: it is a high-profile response to pricing, but will have a low impact – and is certainly a less painful solution than many of the alternatives.