5/8/2019

DRUGS/HHS/PHARMA/TRUMP AS PRESIDENT: “The Trump administration finalized a rule Wednesday [5-8-19] that requires drugmakers to disclose prices in television ads, despite skepticism the move will lower the high cost of drugs and concerns that sticker shock will frighten patients into going off their medications. Under the rule, which takes effect in 60 days, manufacturers must list a product’s monthly wholesale price or the cost for a typical course of treatment if it is greater than $35 for 30 days. The information should appear in text large enough for most people to read and include a statement that patients with health insurance may pay a different sum. The rule allows companies to include list prices of competitor products, and says HHS will publicize companies that create false or misleading ads. But primary enforcement will be left to industry. If a drug company fails to include required information, a competitor can file suit under the deceptive and unfair trade practice provisions of the Lanham Act. HHS Secretary Alex Azar, in a news release, called the requirement ‘the single most significant step any administration has taken’ toward price transparency.”

Sarah Karlin-Smith, “Trump finalizes rule to require drug prices in TV ads,” Politico, May 8, 2019 1:26 pm