Manydrugmakers have created websites to disclose prices, but arguedthat including them in ads could result in patients being scaredoff from getting treatment. (Photo: Shutterstock)

Some of the U.S.'s biggest pharmaceutical companies sued theTrump administration to try and block a rule that would force themto put the price of their drugs in television advertisements.

In the lawsuit filed in federal court Friday, Merck & Co.,Eli Lilly & Co., Amgen Inc. and an advertising tradeassociation claim that the Department of Health and Human Servicesdoesn't have the legal power to compel drugmakers to include pricesin their ads, and that doing so would also mislead patients.

Related: Listing drug prices on TV: Does it really benefitconsumers?

Many drugmakers, including Lilly and Amgen, have createdwebsites to disclose prices, but argued that including them in adscould result in patients being scared off from getting treatment.The Trump administration has said that forcing drugmakers todisclose prices for drugs, which have risen sharply in recentyears, could push down list prices.

“Not only does the rule raise serious freedom of speechconcerns, it mandates an approach that fails to account fordifferences among insurance, treatments, and patients themselves,by requiring disclosure of list price,” Amgen said in a statementaccompanying the lawsuit.

A court battle over the rule could hamper part of theadministration's blueprint to drive down drug prices withregulation. Congress so far has failed to pass any majorlegislation, despite drug prices being an issue on whichRepublicans and Democrats can find common ground.

“If the drug companies are embarrassed by their prices or afraidthat the prices will scare patients away, they should lower them,”Caitlin Oakley, a spokeswoman for HHS, said in an email.

The case is Merck v. U.S. Department of Health and HumanServices, 19-cv-1738, U.S. District Court, District of Columbia(Washington).

–With assistance from Anna Edney.

Read more: 

• Eli Lilly says 'no' to TV list prices but offers acompromise
• What does the FDA think of Instagram influencersand medical promotions?
• TV list prices for drugs could be a turnoff forconsumers, study says

Copyright 2019 Bloomberg. All rightsreserved. This material may not be published, broadcast, rewritten,or redistributed.