New Jersey § 24:6n-1

§ 24:6n-1.

a. For the purposes of the prescription drug pricing disclosure website required pursuant

to section 1 of P.L.2019, c. 404 ( C.45:14-82.1 ), each pharmaceutical manufacturing company that engages in prescription drug marketing,

either directly or through the use of a pharmaceutical marketer, with a New Jersey

practitioner as defined in section 2 of P.L.2003, c. 280 ( C.45:14-41 ), a practitioner's designee, or any member of a practitioner's staff, shall provide

to the Division of Consumer Affairs in the Department of Law and Public Safety, no

later than 30 days after the end of each quarter of the calendar year, the current

wholesale acquisition cost information for the pharmaceutical drugs or biological

products marketed in the State by that company. b. The provisions of this section shall only apply to prescription drug marketing

engaged in by a pharmaceutical manufacturing company and a practitioner, a practitioner's

designee, or any member of a practitioner's staff, while physically present in the

state of New Jersey. c. Any pharmaceutical manufacturing company that fails to comply with the requirements

of this section shall be liable to a penalty as follows: for the first offense, not

less than $200 nor more than $5,000; and, for the second and each succeeding offense,

not less than $1,000 nor more than $20,000. The penalties shall be enforced by the Director of Consumer Affairs in the Department

of Law and Public Safety in a summary proceeding in accordance with the “Penalty Enforcement

Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). d. For purposes of this section: “ Pharmaceutical marketer ” means a person who, while employed by or under contract to represent a pharmaceutical

manufacturing company, engages in prescription drug marketing activities. “ Prescription drug marketing ” means any activity, including, but not limited to, in-person meetings, physical

mailings, telephonic conversations, video conferencing, electronic mail, or facsimile,

that provides educational or marketing information or materials regarding a prescription

drug. “ Wholesale acquisition cost ” means the pharmaceutical manufacturing company's list price for the pharmaceutical

drug or biological product to wholesalers or direct purchasers in the United States

for the most recent month for which the information is available, as reported in wholesale

price guides or other publications of pharmaceutical drug or biological product pricing

data, not including prompt pay or other discounts, rebates, or reductions in price.