D.C. Circuit: HHS Drug Price Disclosure Rule Runs Afoul Of APA

Mealey's (June 19, 2020, 1:13 PM EDT) -- WASHINGTON, D.C. — The District of Columbia U.S. Circuit Court of Appeals on June 16 concluded that “there is no reasoned statutory basis” for a May 2019 rule by the U.S. Department of Health and Human Services (HHS) requiring drug manufacturers to disclose in television advertisements the wholesale acquisition cost of drugs and biologics for which payment is available under Medicare or Medicaid (Merck & Co Inc., et al. v. U.S. Department of Health and Human Services, No. 19-5222, D.C. Cir., 2020 U.S. App. LEXIS 18857)....