Senate Approves Requirement for Price Disclosures in DTC Ads

The U.S. Senate has approved an appropriations bill (text of amendment) which would require that the price for pharmaceutical products appear in all DTC ads for those products. The House version of the bill so far does not include this requirement.

ANA has argued that this requirement raises serious First Amendment concerns because this compelled speech does not meet the commercial speech standards developed by the Supreme Court. We also believe this approach is misguided because it is our understanding that there are a multitude of factors that impact drug prices. Therefore, it is unlikely that these types of disclosures can be done in a way that is not misleading to consumers.

We very much need your input now with information about drug pricing and the practical challengers involved in attempting to disclose a price for a particular product in an ad.