Health care partner Tom Bulleit (Washington, D.C) was quoted in Bloomberg Law articles published on May 8 and 9. The articles examine a final rule that would soon require drug companies to include the list price in television ads of medications that cost more than $35 and are sold through the federal Medicare and Medicaid programs. The May 8 article is available here and the May 9 article available here.
Mr. Bulleit explains that enforcing the rule ultimately relies on the threat of competitor litigation to force compliance. He notes it is not clear that a competitor would have a valid claim if a drug company does not include the list price in a TV ad. It could be hard to prove there is anything false or misleading about an advertisement merely because it fails to state the drug’s list price.
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