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Focus on Regulation

Tag Archives: advertisements

CMS proposes requiring drug prices in TV ads

On October 15, CMS released a proposed rule titled “Medicare and Medicaid Programs: Drug Pricing Transparency,” which would require direct-to-consumer (DTC) advertisements for prescription drugs covered by Medicare or Medicaid to include the Wholesale Acquisition Cost (WAC).  This proposed rule resembles a rejected Senate amendment to the FY-2019 Labor-HHS-Education appropriations bill (analyzed here) that would

FCC Imposes $1.84 Million TCPA Penalty for Fax Advertisements

The Federal Communications Commission (“FCC”) recently imposed a $1.84 million penalty for sending unsolicited fax advertisements.  According to the agency’s forfeiture order, Scott Malcolm, DSM Supply, LLC and Somaticare, LLC (the “DSM Parties”) sent 115 unsolicited fax advertisements to 26 consumers, primarily health care practitioners, in violation of the FCC’s Telephone Consumer Protection Act (“TCPA”)

DOT Issues Guidance on Use of the Term “Free” in Air Fare Advertisements and Disclosure of Consumer Costs in Award Travel

The U.S. DOT this week issued guidance related to the use of the term “free” in air fare advertising and the disclosure of costs associated with award travel.  DOT Guidance Free.  The DOT is giving entities covered by this guidance sixty days to modify their promotional material in accordance with this guidance. The DOT announced