On June 16, 2020, the D.C. Circuit affirmed a decision blocking an agency rule that would have allowed the Secretary of Health and Human Services (HHS) to require drug makers to convey the wholesale acquisition cost, or “list price,” of any prescription drug advertised in direct-to-consumer (DTC) television ads. The decision was a victory for WLF, which filed an amicus curiae brief urging the court to invalidate the rule. The DTC Rule was touted as part of the administration’s effort to reduce overall healthcare costs. But as WLF’s brief made clear, no matter how well-meaning its intentions, HHS may exercise only the limited regulatory authority that Congress granted it by statute. The appeals court found no such authority and invalidated the rule. WLF’s brief was joined by the Allied Educational Foundation.
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