King Introduces Bicameral Legislation to Prohibit Pharmaceutical Drug Advertising

WASHINGTON, D.C. - U.S. Senator Angus King (I-ME) is introducing legislation with Congresswoman Rosa DeLauro (D-CT) to prohibit direct-to-consumer advertising of pharmaceutical drugs. The Responsibility in Drug Advertising Act would prohibit direct-to-consumer (DTC) advertising of a new drug in the first three years after the drug receives Federal Drug Administration (FDA) approval. The FDA could waive the third year of this prohibition if an affirmative value to public health is determined, or extend the prohibition if the drug has significant adverse health effects.

The legislation comes as the world comes together to watch the 2024 Olympics which begins today. Drug advertisers use these tentpole moments, with millions of eyes on TV screens, to persuade and mislead consumers about specific drugs which can be costlier to patients, and hazardous to their health. In fact, NBCUniversal is on track to air more than $1 billion of advertisements in the United States throughout the 2024 Olympic Games. The United States is one of only two developed nations to allow DTC advertising for prescription drugs.

"The widespread use of direct-to-consumer advertising by pharmaceutical companies drives up costs and doesn't necessarily make patients healthier. It is misleading and frankly not safe for Maine people and all Americans looking for specific treatments to their conditions," said Senator King. "The Responsibility in Drug Advertising Act would prohibit direct-to-consumer advertising of recently approved pharmaceutical drugs to protect people over profits - because all those advertising expenses end up being passed down to consumers. This bill is a great step to ensure that patients are getting the best information possible: we can start by making sure newly-approved drugs aren't allowed to immediately flood the market with ads before we fully understand their impact on the general public."

"Americans are facing rising costs, and direct-to-consumer advertising exacerbates this," said Congresswoman DeLauro. "In fact, we know drug manufacturers have historically spent more money on advertising new drugs driving up the cost to the consumer. When several of the largest pharmaceutical companies did not pay taxes in 2023, it is despicable that they will continue targeting unsuspecting consumers with non-stop advertising, when they should be informed by healthcare providers, not advertising executives. The Responsibility in Drug Advertising Act would prohibit direct-to-consumer advertising for recently approved drugs for three years - lowering costs for families and ensuring that Americans get the most accurate information possible on new drugs on the market, not self-interested spin from advertisers."

However, companies then started to market their drugs directly to consumers through advertisements. To date, federal law does not require the FDA to approve advertisements before they are released to the public. The only major requirements, as recently finalized through FDA regulations, are that advertised information must be presented in consumer-friendly language that is readily understandable.

The bill is cosponsored by Senators Tim Kaine (D-VA) and Peter Welch (D-VT).

Senator King has been a leader in working to reduce prescription drug costs and hold pharmaceutical companies accountable for the content of their ads. He has previously introduced legislation to prohibit pharmaceutical drug manufacturers from claiming tax deductions for consumer advertising expenses and also introduced bipartisan legislation to require price transparency in prescription drug advertisements. Senator King has also supported a number of commonsense bills to drive down the costs of prescription medication in the United States including the historic Inflation Reduction Act.

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