Disclosing Prescription-Drug Prices in Advertisements - Legal and Public Health Issues.

1: From the Department of Health Policy, Vanderbilt University School of Medicine, Nashville (S.B.D.); and Stanford Law School and the Department of Health Research and Policy, Stanford University School of Medicine - both in Stanford, CA (M.M.M.).; Compelled disclosures in advertising impinge on commercial speech rights protected by the First Amendment. However, courts apply a deferential standard of review known as the Zauderer standard in challenges to disclosures of “purely factual and uncontroversial” information relating to an advertiser’s products or services. Although CMS characterizes its requirement as falling squarely within Zauderer, there is a strong argument to the contrary.

TimAllenMDJD