The Pharmaceutical Research and Manufacturers of America’s (PhRMA) new plan for conveying information about drug costs to consumers may be viewed as a defensive moved aimed at heading off a regulatory requirement to include list prices in direct-to-consumer (DTC) advertising. However, given the potential constitutional concerns inherent with any regulatory requirement, PhRMA’s voluntary approach might just be the one that ultimately prevails.
The voluntarily program also allows PhRMA to continue to shape the drug pricing conversation by framing the impact that other...