- “A federal judge has ordered the nation’s leading pharmacy chains to turn over billions of nationwide prescription records going back 14 years – even as the American Civil Liberties Union and some states attack similar requests by the government as overbroad and an invasion of privacy.” [Daniel Fisher, Legal NewsLine] “Without evidence and unable to make public nuisance argument, Delaware’s opioid claims against Walgreens fail” [same] “Oklahoma Opioid Ruling: Another Instance of Improper Judicial Governance Through Public Nuisance Litigation” [Eric Lasker and Jessica Lu, Washington Legal Foundation, earlier]
- “Merck v. HHS tests the limits of the federal government’s ability to control and compel commercial speech” [Ilya Shapiro and Dennis Garcia on Cato amicus brief in D.C. Circuit raising First Amendment issues]
- Let’s try correcting the New York Times on drug pricing. Where to begin? [Molly Ratty, Popehat]
- “Court Strikes Down NECC Convictions [New England Compounding Center] for Vagueness” [Stephen McConnell, Drug & Device Law]
- Defense perspective: the ten worst and best prescription drug and medical device decisions of 2019 [Jim Beck, Drug & Device Law]
- “If there are people out there with no options and they have terrible diseases, we are going to get those drugs to them as fast as feasible.” FDA approving potential breakthrough drugs more speedily [Michelle Fay Cortez and Cristin Flanagan, Bloomberg/MSN; related, Alex Tabarrok]
Filed under: advertising, Delaware, FDA, lawyering vs. privacy, opioids, pharmaceuticals, public nuisance
One Comment
Merck v. HHS (price candor in advertising)–
I support the government here, as in many truth-in-advertising cases. If the advertiser wants the viewer to lobby governments and insurance companies to carry an untried new treatment, the viewer should be able to weigh whether it would force government and private plans toward insolvency.
In general,we would have a more honest and efficient marketplace if, as in Europe, advertisers were required to sell their products at the advertised price (which would *include* value-added and other taxes, “fees”, etc.) Examples: (1) travelers would be warned by truthfully advertised lodging prices if tax-happy cities were getting too greedy. (2) It would actually be possible to comparison shop cable packages, phone services, internet access, etc.