States Tackle Costs and Medical Outcomes with Innovative Policies Addressing Pharmaceutical Marketing and Pricing

States are at the forefront of efforts to expand access to needed medications in the U.S., and are doing so in part by suggesting the current practices in marketing pharmaceuticals negatively impact the costs of prescription drugs – both to the state and citizens – and the health of individuals by influencing prescribing practices. These state efforts include prescriber education programs to provide evidence-based information, licensing and setting ethical standards for drug sales representatives, banning gifts and payments to health providers or requiring public disclosure of financial remuneration and conflicts of interest, banning the sale and use of prescriber and patient-specific information for drug marketing purposes, requiring disclosure of clinical trial results, and setting upper limits on drug prices for the uninsured and elderly.

In response to these efforts, the states have been facing legal challenges to their authority to regulate in this area through lawsuits filed by the pharmaceutical industry and also are becoming aware of potential grey areas in international trade agreements which could limit state authority. States, however, are pursing change, Congress is starting to follow their lead, and the courts have upheld some of their initiatives.