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Rule requiring drug prices in TV ads blocked

  • U.S. District Judge Amit Mehta has blocked a Trump administration rule requiring drugmakers to put prices in television ads, a central part of the president's push to lower the cost of prescription medications.
  • The rule of the Health and Human Services Department would violate free speech and exceeded the agency’s statutory authority, Mehta wrote, adding that "the responsibility rests with Congress to act in the first instance."
  • The lawsuit was brought by Merck (NYSE:MRK), Eli Lilly (NYSE:LLY) and Amgen (NASDAQ:AMGN), which have long argued that list prices do not reflect the actual cost of drugs as they do not take into account discounts and rebates negotiated with health insurers and PBMs.

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