Requiring Price Info in Drug Ads May Strain Agency Authority

The Medicare agency may be overstepping its authority in proposing to require drug companies to include drug pricing information in television ads, health and constitutional lawyers say.

Under the Trump administration’s proposal announced Oct. 15, companies would have to include the manufacturers’ wholesale acquisition cost, or list price, in any television ads. The rule still needs vetting under public comment before it’s finalized.

The proposed rule would apply to virtually all drugs covered by Medicare and Medicaid, according to officials at the Department of Health and Human Services. It would affect a broad swath of companies including Amgen Inc., GlaxoSmithKline ...