PhRMA’s Defensive Move On DTC Ads: Putting Drug List Prices ‘In Context’
Member companies’ direct-to-consumer TV ads will direct patients to information about drug costs – including list price, estimated out-of-pocket costs for the drug, and availability of financial assistance – under a voluntary program that takes effect in April 2019; initiative falls short of mandatory list price disclosures proposed by Trump Administration.
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DTC spending had shown an uptick in 2020 compared with 2019. Many advertisers are not, however, providing clear drug pricing information in their TV spots, despite some voluntary commitments to do so.
The idea could help quiet growing criticism over system gaming and high drug prices.
HHS lacks authority to require drug price disclosures in TV ads, judge rules. Even if legislation were to explicitly give the Trump Administration such authority, First Amendment issues would still linger.