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.

PS1812_Illegal_1199449552_1200.jpg

The US Centers for Medicare and Medicaid Services lacks the statutory authority to require manufacturers to disclose prescription drug prices in direct-to-consumer TV ads and is precluded from doing so by the First Amendment, manufacturers, free speech advocates and advertisers argue in recent comments to CMS.

The comments respond to a proposed rule on the price disclosure requirement released by CMS in mid-October. They detail anticipated...

Read the full article – start your free trial today!

Join thousands of industry professionals who rely on Pink Sheet for daily insights

  • Start your 7-day free trial
  • Explore trusted news, analysis, and insights
  • Access comprehensive global coverage
  • Enjoy instant access – no credit card required

More from Pricing Debate

Here At Last: Canada’s Long-Contested Guidelines For Curbing Excessive Drug Prices

 

Final guidelines explaining how staff at Canada’s Patented Medicine Prices Review Board should go about identifying drugs that could be considered for an excessive price hearing will come into force soon.

Kennedy Appears Ill-Informed On Major Pharma Priorities, Creating Unique Lobbying Dynamics

 

The Health and Human Services Secretary made incorrect statements about the status of key industry priorities at a recent House hearing, which actually may be a good thing for drug sponsors.

US Budget Bill Eases IRA Price Controls But Coverage Losses Will Impact Pharma

 
• By 

The legislation expected to be signed by President Trump is a mixed bag for pharmaceutical manufacturers depending on their product mix and manufacturing situation.

How Could MFN Pricing Impact Commercial Market?

 
• By 

Industry experts forecast the impact of President Trump's Most-Favored Nation drug pricing policy on the commercial insurance industry.

More from Market Access

Kennedy Appears Ill-Informed On Major Pharma Priorities, Creating Unique Lobbying Dynamics

 

The Health and Human Services Secretary made incorrect statements about the status of key industry priorities at a recent House hearing, which actually may be a good thing for drug sponsors.

US Budget Bill Eases IRA Price Controls But Coverage Losses Will Impact Pharma

 
• By 

The legislation expected to be signed by President Trump is a mixed bag for pharmaceutical manufacturers depending on their product mix and manufacturing situation.

How Could MFN Pricing Impact Commercial Market?

 
• By 

Industry experts forecast the impact of President Trump's Most-Favored Nation drug pricing policy on the commercial insurance industry.