Federal Judge Blocks Trump's Drug Advertising Rule: NPR



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President Donald Trump talks about the price of drugs during a visit to the Department of Health and Social Services in Washington in October. A federal judge on Monday blocked a major White House initiative on the cost of prescription drugs, saying the Trump administration did not have the legal authority to compel drug makers to disclose their price in television commercials.

Susan Walsh / AP


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Susan Walsh / AP

President Donald Trump talks about the price of drugs during a visit to the Department of Health and Social Services in Washington in October. A federal judge on Monday blocked a major White House initiative on the cost of prescription drugs, saying the Trump administration did not have the legal authority to compel drug makers to disclose their price in television commercials.

Susan Walsh / AP

A federal judge on Monday arrested an initiative by the Trump administration that would have forced drug makers to reveal the price of the vignette of their drugs in television ads.

According to the rule, if the current price of a drug was greater than $ 35 a month, it should be indicated when advertising. The opponents' challenge is that the current price of a drug and the estimates of what people can expect to pay vary greatly depending on the coverage.

The rule was blocked a few hours before it came into force, the last setback for the White House as Trump administration officials continue to look for ways to pressure pharmaceutical companies to lower them. their prices – a proposal made by the Trump administration in the run-up to mid-term elections last November.

The decision of US District Judge Amit Mehta in Washington, DC, decided that the Department of Health and Social Services did not have the regulatory authority to ensure that drug manufacturers include the cost of drugs in advertisements television.

Mehta wrote that in putting an end to the rule, the court did not question his wisdom, but based the question on the law established by Congress.

"This policy could very well be an effective tool for curbing the rising cost of prescription drugs, but as vile as the thorny problem of the rising cost of medicines is, HHS can not do more than Congress has allowed," wrote Mehta.

Critics pointed out that the rule was toothless, as there was no enforcement mechanism that allowed companies to not comply. Instead, the rule relied on the private sector to control itself.

The TV advertising rule had the support of the Trump administration and consumer rights advocates.

That being said, patient advocacy groups told NPR that, while holding drug manufacturers responsible for prizes was welcome, they remained skeptical that the drug companies might be ashamed, as the drug industry wanted. administration, lowering their prices.

Last month, groups such as drug makers Merck, Eli Lilly and Amgen sued the Trump government for violating the rule, arguing that it would violate corporate freedom of speech rights.

AARP, representing older Americans, expressed disappointment on Monday over the court's decision.

"Today 's decision is a step back in the fight against soaring drug prices and to provide more information to consumers," the group said. "Americans should be trusted to evaluate information on drug prices and discuss any concerns with their health care providers."

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