HHS Appeals Court Decision to Block Mandatory Price Disclosure in Ads

August 28, 2019

The Trump administration has appealed a federal judge’s decision to shoot down a proposed HHS rule that would require direct-to-consumer TV ads to show the list price of drugs.

U.S. District Judge Amit Mehta found in a July 8 ruling that the proposed rule goes beyond HHS’ authority because it attempts to regulate “market actors” that are not direct participants in the Medicare or Medicaid programs.

“The court finds that HHS lacks the statutory authority under the Social Security Act … to issue a rule that compels drug manufacturers to disclose list prices,” the judge said, adding that this  decision should rest in Congress’ hands.

View today's stories