Drug Pricing Policy Show Moves Into Next Act With Biopharmas' Suit Against DTC Ad Rule

Merck, Lilly, Amgen join advertisers in suit against HHS; rule helped Trump administration spotlight industry pricing practices but potential impact has always been unclear.

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HHS authority to require list prices in direct-to-consumer drug ads challenged in lawsuit. • Source: Shutterstock

Merck & Co. Inc., Eli Lilly & Co., Amgen Inc. and the Association of National Advertisers claim in a lawsuit filed against the US Department of Health and Human Services on 14 June that the department exceeded its statutory authority and violated the First Amendment of the US Constitution with its final rule requiring manufacturers to disclose list prices in direct-to-consumer TV ads for drugs.

The complaint, which was filed in US District Court for the District of Columbia, asks the court to invalidate and...

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