Court Sides With Drug Companies in Blocking Drug Prices From TV Ads

After DTC Rule Tossed Out in Court, Attention Turns (Again) to Congress
– Pink Sheet

Manatt’s Ian Spatz, a senior advisor with Manatt Health, spoke with Pink Sheet on a recent federal court ruling concerning drug prices in TV ads.

U.S. District Judge Amit P. Mehta in Washington, D.C., struck down a Trump administration rule that would require prescription drug manufacturers to disclose list prices in TV ads hours before it was scheduled to take effect.

Spatz told Pink Sheet that Congress could potentially bypass this ruling.

“I think a logical next step here is for Congress to step in if it wants to and provide HHS explicit authority to issue a regulation around drug pricing,” he said.

Spatz continued that a legislative push would give Congress an opportunity to re-evaluate numerous concerns raised about the final rule, including whether including list prices in DTC ads is meaningful to consumers, as well as other possible approaches to improving drug pricing transparency.