U.S. Court of Appeals for the D.C. Circuit

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D.C. Circuit affirms district court’s vacatur of HHS rule that broadly required drug manufacturers to disclose the wholesale acquisition cost of drugs and biologics in television advertisements

June 16, 2020

The court held that HHS lacked statutory authority to promulgate the rule. The U.S. Chamber filed an amicus brief supporting this outcome.

U.S. Chamber files amicus brief arguing that the Centers for Medicare and Medicaid Services lacks statutory authority to require pharmaceutical manufacturers to state the wholesale acquisition cost for drugs in TV ads

November 19, 2019

Click here to view the Chamber’s brief.

Jeffrey S. Bucholtz, Joel McElvain, and I. Cason Hewgley IV of King & Spalding LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents