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Federal judge blocks HHS rule requiring drugmakers to disclose prices in TV ads

July 9, 2019

A federal judge in Washington, D.C., has vacated an agency rule that required drugmakers to disclose the list price of prescriptions in TV advertising.

U.S. District Judge Amit Mehta ruled Monday that the U.S. Department of Health and Human Services did not have the statutory authority to adopt the rule. The New York Times, Law 360, the Wall Street Journal, the Washington Post and NPR have coverage.

The HHS had claimed authority under the Social Security Act to enact a rule that would help reduce wasteful and abusive increases in drug prices in Medicare and Medicaid.

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