Inside Drug Pricing - 01/14/2019

PhRMA Outlines Legal Arguments In Anticipated Drug Ad Rule Challenge

By John Wilkerson / January 10, 2019 at 1:58 PM
Brand drug makers are expected to sue CMS if it moves forward on a proposal to require list-price disclosure in television advertisements, and they recently outlined their legal arguments for why the agency does not have the authority to regulate drug ads. Among those arguments, they say the executive branch is attempting to make up a law by mixing and matching pieces of current law, which they allege violates the constitutional separation-of-powers principle. Even if CMS had the authority to...


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