In Bloomberg Law, Health Care Partner Examines Final Rule on Drugmaker TV Ad Price Disclosures

In The News
May 14, 2019
Thomas N. Bulleit
Capital Insights.

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.


Thomas N. Bulleit
Thomas N. Bulleit
Retired Partner