Merck & Co. v. U.S. Dep't of Health & Human Servs.

The industry's opposition to using the WAC also manifested itself as a First Amendment argument. See id. at 20,743 -48. The challengers argued that the WAC Disclosure Rule was compelled speech that violated the First Amendment. See id. at 20,743 -44. The forced disclosure, they maintained, did not pass muster under the intermediate scrutiny standard articulated by the Supreme Court in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York , 447 U.S. 557, 100 S.Ct. 2343, 65 L.Ed.2d 341 (1980), or the more relaxed standard used in Zauderer v. Office of Disciplinary Counsel…