Manatt’s Ian Spatz, a senior advisor with Manatt Health, spoke with Inside Health Policy for an article on the Centers for Medicare & Medicaid Services’ proposal.
The proposal would require companies that advertise drugs on television and sold to Medicare and Medicaid to disclose drug prices. The publication noted that enforcement of the proposal would be difficult as it would be essential for drug companies to sue each other, and claims might be difficult to win under the Lanham Act.
Spatz said that he believes drug companies are likely to comply with the proposal, but that companies risk not only competitors suing, but also the states or the Federal Trade Commission adding price disclosure violations in consumer protection lawsuits.