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.

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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...

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