US Drug Pricing: CMS Seeks Feedback On DTC Ad Enforcement Mechanism, Disclosure Statement

Centers for Medicare and Medicaid Services asks whether private actions under Lanham Act are sufficient for enforcement, or whether participation in federal health programs should be conditioned on including drug list prices in direct-to-consumer TV commercials; comment deadline on controversial proposed rule is Dec. 17.

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Whether disclosure of drug list prices in direct-to-consumer (DTC) TV commercials should be a condition of participation in the US Medicare and Medicaid programs is just one of many issues on which the Trump Administration seeks public comment in its price transparency proposed rule.

The Centers for Medicare and Medicaid Services (CMS), which issued the rule, also is requesting comment on whether wholesale acquisition cost (WAC) is the most appropriate price to be disclosed in DTC ads, the language and graphical requirements for such

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