BRIEF—US Judge blocks rule requiring drug prices in TV ads

9 July 2019

US District Judge Amit Mehta has blocked a Trump Administration requirement that pharmaceutical companies put list prices of drugs in direct-to-consumer television advertisements, a central part of the President's push to lower the cost of prescription medicines, according to Reuters.

The rule of the Health and Human Services Department would violate free speech and exceeded the agency’s statutory authority, Judge Mehta wrote, adding that "the responsibility rests with Congress to act in the first instance."

The lawsuit, filed last month, was brought by Merck & Co, Eli Lilly and Amgen, which have long argued that list prices do not reflect the actual cost of drugs as they do not take into account discounts and rebates negotiated with health insurers and pharmacy benefit managers (PBMs).

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