DTC Ad Final Rule Means Reliance On PhRMA Program Risks Enforcement Action – Azar
Nevertheless, the Pharmaceutical Research and Manufacturers of America announces enhancement of its voluntary drug pricing disclosures program, a Medicines Assistance Tool website that links to individual company sites, in response to the US rule.
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Industry comments urge CMS to withdraw proposed rule mandating list price disclosures in TV ads, citing legal conflicts.
Lawyers say CMS proposed rule requiring TV ads to disclose drug's list price wouldn't survive First Amendment suit and competitors have no reason to try to enforce it.
From kinds of ads targeted to agency that's issuing the reg, policy seems designed to withstand a court challenge.