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After DTC Rule Tossed Out In Court, Attention Turns (Again) To Congress

 
• By Sue Sutter

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.

courtroom-gavel
A federal judge ruled against the Trump Administration's plan to require disclosure of prices in DTC ads. • Source: Shutterstock

A US federal judge delivered a succinct message in striking down a Trump Administration rule requiring disclosure of drug prices in direct-to-consumer television ads – Congress knows how to legislate on drug advertising but has not chosen to do so in the context of pricing.

In an 8 July opinion, US Judge Amit Mehta ruled that the Department of Health and Human Services lacks...

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