Merck & Co. Inc., Eli Lilly & Co., Amgen Inc. and the Association of National Advertisers claim in a lawsuit filed against the US Department of Health and Human Services on 14 June that the department exceeded its statutory authority and violated the First Amendment of the US Constitution with its final rule requiring manufacturers to disclose list prices in direct-to-consumer TV ads for drugs.
The complaint, which was filed in US District Court for the District of Columbia, asks the court to invalidate and order withdrawal of the rule, as well as award the plaintiffs attorney’s fees and court costs. The final rule was issued by the Centers for Medicare and Medicaid Services 8 May and is scheduled to become effective 9 July
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