Federal Court Blocks Proposed Drug Pricing Ad Rule

Manatt’s Ian Spatz, a senior advisor with Manatt Health, spoke with InsideHealthPolicy on a federal court’s decision to block the Trump administration’s proposed rule to include drug prices in television ads for prescription drugs.

U.S. District Court for the District of Columbia Judge Amit Mehta sided with drug makers in ruling that the Centers for Medicare & Medicaid Services does not have the authority to require prescription drug manufacturers to disclose list prices in TV ads.

Spatz said the judge seems to have written the opinion knowing it could be legally challenged.

“The court issued a very carefully considered, well supported opinion, designed to withstand appeal,” Spatz tweeted Monday, which was quoted in InsideHealthPolicy.

He also said the Trump administration could blame Congress if lawmakers don’t pass a version of the administration’s drug pricing rule. Senate Finance Chair Chuck Grassley and Democratic Whip Dick Durbin have introduced a bill similar to the Trump administration’s rule.



pursuant to New York DR 2-101(f)

© 2020 Manatt, Phelps & Phillips, LLP.

All rights reserved