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MERCK & CO. v. US DEPT. OF HEALTH & HUMAN SERVICES

Case No. 19-cv-01738 (APM).

385 F.Supp.3d 81 (2019)

MERCK & CO., INC., et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, District of Columbia.

Signed July 8, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 0706
Cause: 05 U.S.C. § 0706 Judicial Review of Agency Actions
Nature of Suit: 890 Other Statutory Actions
Source: PACER

Attorney(s) appearing for the Case

Benjamin W. Snyder, Daniel Meron, Sarah M. Gragert, Richard Bress, Latham & Watkins LLP, Robert Corn-Revere, Ronald G. London, Davis Wright Tremaine LLP, Washington, DC, for Plaintiffs.

Joseph Evan Borson, James Mahoney Burnham, Jonathan D. Kossak, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

I. INTRODUCTION

In May of 2019, the U.S. Department of Health and Human Services ("HHS") published a final rule that regulates the marketing of prescription drugs. The rule requires drug manufacturers to disclose in any television advertisement...

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