Disclosing prescription-drug prices in advertisements — legal and public health issues

CMS

14 November 2018 - On October 15, 2018, the CMS proposed a rule requiring television advertisements for prescription drugs and biologic products to disclose the product’s price.

The advertisements must state in legible text the wholesale acquisition cost (WAC) for a 30-day supply or a typical course of treatment.

The rule making follows an unsuccessful effort in Congress to include a similar measure in the fiscal year 2019 appropriations bill. The idea enjoys broad public support — in a June 2018 poll, 76% of Americans favored requiring drug advertisements to include a statement about how much the drug costs2 — and it dovetails with moves to improve price transparency in other health care domains. But we think the proposed rule raises substantial public health and legal concerns.

Read New England Journal of Medicine article

Michael Wonder

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Michael Wonder