Feb. 19, 2021 – On Feb. 18, four trade groups – the U.S. Chamber of Commerce, the Internet Association, NetChoice, and the Computer and Communications Industry Association, whose members include tech giants Amazon, Facebook and Google – filed a lawsuit in the U.S. District Court for the District of Maryland stating that Maryland’s new digital […]
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Nov. 11, 2020 – In yesterday’s oral arguments before the U.S. Supreme Court in the case concerning the constitutionality of the Affordable Care Act (ACA), several conservative justices, including two added to the bench since the last time the Supreme Court affirmed the ACA – Justices Neil Gorsuch and Brett Kavanaugh – asked questions that […]
Read more Sept. 24, 2020 – As the U.S. Supreme Court prepares to hear a case about the constitutionality of the Affordable Care Act (ACA) soon, the passing of Supreme Court Justice Ruth Bader Ginsburg sharply increases the possibility that the ACA will be ruled unconstitutional, according to Coalition for Healthcare Communication Executive Director Jon Bigelow. The […]
Read more June 17, 2020 – The U.S. Court of Appeals for the D.C. Circuit yesterday affirmed the U.S. District Court for the District of Columbia opinion that set aside the Center for Medicare and Medicaid Services (CMS) rule calling for drug manufacturers to disclose drug list prices in direct-to-consumer television ads. In the June 16 opinion, […]
Read more March 4, 2020 — The U.S. Supreme Court delivered a surprise on March 2 when it announced it will hear a challenge to the constitutionality of the Affordable Care Act (ACA) next term, leap-frogging over the process that was playing out in lower courts. Oral arguments have not yet been scheduled, but are likely to […]
Read more Jan. 3, 2020 – A late-December ruling from the U.S. Court of Appeals for the Fifth Circuit agreed with the U.S. District Court in Texas that the Affordable Care Act’s (ACA’s) individual mandate – which was premised on Congress’ taxing authority – was rendered invalid when the 2017 tax bill set the tax penalty at […]
Read more Nov. 18, 2019 – Amgen, Eli Lilly, Merck & Co. and the Association of National Advertisers (ANA) are once again striking back at the U.S. Department of Health and Human Services (HHS) effort to mandate drug prices in direct-to-consumer (DTC) television ads. Although the four entities sued HHS over its recent regulation calling for the […]
Read more Aug. 26, 2019 — The Department of Health and Human Services (HHS) last week filed a notice in the U.S. District Court for the District of Columbia stating that it would appeal the July 8 decision of U.S. District Court Judge Amit P. Mehta that declared invalid and set aside the Centers for Medicare & […]
Read more July 9, 2019 – One day before the Centers for Medicare & Medicaid Services’ (CMS’) final rule requiring drug companies to disclose the wholesale acquisition cost (WAC) or “list price” of their drugs in television ads was due to go into effect, the U.S. District Court for the District of Columbia issued a memorandum opinion […]
Read more June 17, 2019 – The Trump administration’s final rule mandating that drug companies include the wholesale acquisition cost (WAC) in direct-to-consumer (DTC) television ads for many drugs “exceeds [the Department of Health and Human Services’ (HHS’)] statutory authority, violates the First Amendment, and should therefore be set aside,” according to a lawsuit filed Friday, less […]
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