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# Pull Ad Drug Price Disclosure Proposal: WLF
- URL: https://www.fdaweb.com/pull-ad-drug-price-disclosure-proposal-wlf/
- Published: 2019-01-02T12:00:00.000Z
- Updated: 2026-09-15T00:51:29.000Z
- Author: David McFarland
- Tags: Drugs, FDA Policy/General, #legacy-id-D5143062

Washington Legal Foundation (WLF) has called on the Centers for Medicare and Medicaid Services (CMS) to withdraw its proposed rule that would require drug makers to convey the wholesale acquisition cost of any prescription drug or biological product advertised in direct-to-consumer television ads. The advocacy group’s [comment](https://www.wlf.org/wp-content/uploads/2018/12/12182018-WLF-Comment-to-CMS.pdf?ref=fdaweb.com) says that CMS can only exercise the limited regulatory authority granted to it in laws approved by Congress. There is no law that authorizes CMS to require disclosure of list prices in DTC television ads, it says.

The comment also says that the proposal would violate the drug makers’ First Amendment right to speak truthfully about their products. “The First Amendment protects a speaker’s choices about both what to say and what not to say,” WLF declares. “And by compelling drug makers to speak a particular message in their DTC ads, the proposed rule seeks to alter the content of their speech.”