Category: DTC Advertising

DTC Advertising

Courts/First Amendment

Court Rules Mandatory Drug Price Disclosure Rule Invalid, Stating CMS Lacks Statutory Authority

Court Rules Mandatory Drug Price Disclosure Rule Invalid, Stating CMS Lacks Statutory Authority

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 […]

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Courts/First Amendment

Three Manufacturers and ANA File Suit against CMS over Drug Price Disclosure Rule

Three Manufacturers and ANA File Suit against CMS over Drug Price Disclosure Rule

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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CHC News

Sharon Callahan: The Coalition Is “Our Voice in Washington”

Sharon Callahan: The Coalition Is “Our Voice in Washington”

May 16, 2019 – In a May 15 podcast interview with Medical Marketing & Media’s (MM&M’s) Senior Editor Larry Dobrow, Sharon Callahan, CEO, TBWA\WorldHealth; chief client officer, Omnicom Health Group, spoke about her many years as a member and the former chair – and first woman chair – of the Coalition for Healthcare Communication’s executive […]

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DTC Advertising

CMS Final Rule Requiring List Prices in DTC TV Ads Virtually the Same as Original Proposal

CMS Final Rule Requiring List Prices in DTC TV Ads Virtually the Same as Original Proposal

May 9, 2019 — The Centers for Medicare & Medicaid Services (CMS) has announced its final rule requiring that drug companies include list prices in direct-to-consumer (DTC) television ads – “the single most significant step any administration has taken toward a simple commitment: American patients deserve to know about the prices of the healthcare they […]

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DTC Advertising

Despite Industry’s Price Transparency Initiatives, CMS Pushes Proposed Rule Forward

Despite Industry’s Price Transparency Initiatives, CMS Pushes Proposed Rule Forward

April 8, 2019 – The first television ads including drug price information are hitting the airwaves, reinforcing the point that list price is a highly misleading metric, and Pharmaceutical Research and Manufacturers of America (PhRMA) members are preparing to voluntarily refer consumers to online drug pricing information in their drug ads within a few weeks. […]

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DTC Advertising

Movement Afoot on Eliminating Ad Tax Deduction, Requiring List Prices in DTC Drug Ads

Movement Afoot on Eliminating Ad Tax Deduction, Requiring List Prices in DTC Drug Ads

March 25, 2019 – Several moves that could change the way prescription drug marketing and communications are conducted are being made in Washington, with the House Ways and Means Committee about to begin markup on a tax measure that could include eliminating the deductibility of drug marketing costs, and the Office of Management and Budget […]

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DTC Advertising

Oregon Considers Drug Price Disclosures in All Consumer Ads

Oregon Considers Drug Price Disclosures in All Consumer Ads

Feb. 25, 2019 – Even as the Centers for Medicare & Medicaid Services considers comments received on a federal proposal to mandate the inclusion of the wholesale acquisition cost (WAC) of prescription drugs in consumer television ads, the state of Oregon is weighing whether or not to require a disclosure regarding the wholesale cost that […]

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DTC Advertising

J&J, Lilly Make Voluntary Moves to Share Broader Price Info in DTC TV Ads

J&J, Lilly Make Voluntary Moves to Share Broader Price Info in DTC TV Ads

Feb. 11, 2019 – Last week Johnson & Johnson announced that it would include both the list price of a drug and information about what patients realistically might expect to pay out of pocket for its drugs in direct-to-consumer (DTC) ads by the end of the first quarter, starting with Xarelto, its most-prescribed medication. This […]

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DTC Advertising

Patients: DTC Ad Drug Price Transparency Proposed Rule Needs More Context, Expanded Scope

Patients: DTC Ad Drug Price Transparency Proposed Rule Needs More Context, Expanded Scope

Feb. 5, 2019 – Patient and disease advocacy groups have weighed in on the Centers for Medicare & Medicaid Services (CMS) proposal to require that drug companies list the wholesale acquisition cost (WAC) for their drugs in televised direct-to-consumer (DTC) ads. Their comments to CMS raise issues about whether the proposed rule asks for disclosure […]

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DTC Advertising

Many Physician Groups Call for Broader DTC Ad Price Disclosure, Greater Penalties for Violators

Many Physician Groups Call for Broader DTC Ad Price Disclosure, Greater Penalties for Violators

Jan. 29, 2019 — Although industry trade groups filing comments on the Centers for Medicare & Medicaid Services (CMS) proposal to require including the wholesale acquisition cost (WAC) in television ads for prescription drugs were largely agreed in their positions against the idea (as reported here), comments from physician organizations and specialty groups were more […]

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