Direct to Consumer TV Drug Ads Must Now Contain Pricing Information – New Rules Do Not Apply to Radio or Other Media

Last week the Department of Health and Human Services adopted a rule requiring television advertisements to contain pricing information.  The new rules are part of the Trump administration’s policy to bring greater transparency to prescription drug pricing. The final rule will go into effect 60 days after it was published in the Federal Register.  The rules are expected to become effective on or about July 9th.

 According to the DHS – 

This final rule will require direct-to-consumer television advertisements for prescription drug and biological products covered by Medicare or Medicaid to include the list price – the Wholesale Acquisition Cost – if that price is equal to or greater than $35 for a month’s supply or the usual course of therapy, with the prices updated quarterly.”

Importantly, the rule applies only to television advertising and not to radio. DHS stated:

“We appreciate recommendations to include the list price on all forms of DTC (direct to consumer) advertising. We intend to only apply this rule to television advertising because we want to apply this rule as narrowly as possible to achieve our goal of promoting price transparency and reducing drug costs, with minimal burden on those providing the information.”

For general information visit the DHS Website by clicking HERE.  

To read the New Rule click HERE.

 

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