According to a United States judge, Amit Mehta, HHS, under the oversight of the Trump administration doesn’t have the right to demand that advertisers add price lists to their advertisements. The rule was to be part of the Trump administration’s effort to reduce the cost of prescription drugs in the United States. In response, drug manufacturers took the case to court.
Federal Judge Says Trump’s Administration Can’t Make Drug Manufactures Post Price On Ads
As Americans cried out about the ever-increasing cost of prescription drugs, Trump’s administration started making moves to solve the problem last year. However, the judge ruled that even if the matter is concerning to every American, HHS doesn’t have the power to make such a law. He noted that Congress is the only body that can pass such a rule and HHS cannot take the responsibility from Congress.
In the initial argument, the drug manufacturers said that they wanted the rule to be squashed because demanding such disclosure was a violation of their rights of free speech according to the First Amendment. He acknowledged that the policy may be effective in controlling the rising cost of prescription drugs but said that HHS didn’t have the power.
From the look of things, HHS is going to appeal to Congress to demand the television ad price disclosure for drug manufacturers. They believe that this rule is important in improving transparency and allowing Americans to evaluate drug cost after seeing ads. The rule was meant to cover all prescription drugs that cost more than $35 for a month’s supply. It was suggested in May and was supposed to take effect today if Judge Mehta had not blocked the ruling.
The ruling moves HHS one step backward in the fight to reduce the cost of prescription drugs.