The 4A’s filed comments in December on proposed regulations by the Centers for Medicare & Medicaid (CMS) that would require all TV advertisements featuring prescription drugs and biological products to include the list price. Under the proposed regulations, the list price (or “Whole Acquisition Price”) would be required in all television advertisements that feature prescription drugs and biological products covered by CMS.
The 4A’s, together with the Association of National Advertisers (ANA), Interactive Advertising Bureau (IAB), National Association of Broadcasters (NAB), and others, submitted joint comments via The Advertising Coalition (TAC) to highlight the problems with the proposed regulations. While many issues were raised, the comments primarily focus on two arguments: 1) the proposed regulations fail scrutiny under both Central Hudson and Zauderer, and 2) the proposed regulations exceed the statutory authority of CMS.
CMS is expected to continue to review comments in early 2019. The 4A’s will continue to work with our coalition partners in Washington, D.C., on this topic to ensure the agency community’s concerns are well-represented.