End Prescription Drug Ads Now Act
The End Prescription Drug Ads Now Act would ban direct-to-consumer advertising of prescription drugs that are approved under the Federal Food, Drug, and Cosmetic Act (FDA) Section 505 or licensed under the Public Health Service Act Section 351. The bill adds a new provision defining direct-to-consumer advertising (DTCA) to include any consumer-targeted promotional communication across media, including social media, with the goal of marketing the drug. If a sponsor has conducted DTCA for a covered drug within the most recent 30-day period, the bill imposes a prohibition on such advertising. The amendment would take effect 30 days after enactment and would apply to all covered drugs regardless of when they were approved or licensed. The text provided does not specify the exact penalties or enforcement mechanisms for violations.
Key Points
- 1Prohibition scope: Applies to drugs approved under Section 505 of the FD&C Act or licensed under Section 351 of the PHSA, subject to section 503(b)(1).
- 2Definition of DTCA: Any promotional communication targeting consumers for marketing the drug, including television, radio, print, digital platforms, and social media.
- 3Trigger for prohibition: If the drug sponsor has conducted DTCA for the drug within the most recent 30-day period.
- 4Effective date: Takes effect 30 days after enactment and applies to all covered drugs regardless of when they were approved or licensed.
- 5Legislative status and structure: The bill adds new subsection (hh) to section 502 of the FD&C Act, creating a formal prohibition framework within existing drug labeling and advertising laws.