A federal judge in Washington struck down a Trump administration plan, set to take effect Tuesday, that would have required drugmakers to include pricing information in ads seen on TV.
Mehta wrote that, ultimately, such a decision rests with the legislative branch — not with the Department of Health and Human Services.
“To be clear, the court does not question HHS’s motives in adopting the WAC Disclosure Rule. Nor does it take any view on the wisdom of requiring drug companies to disclose prices. That policy very well could be an effective tool in halting the rising cost of prescription drugs,” Mehta wrote. “But no matter how vexing the problem of spiraling drug costs may be, HHS cannot do more than what Congress has authorized. The responsibility rests with Congress to act in the first instance.”