End Prescription Drug Ads Now Act
The End Prescription Drug Ads Now Act would bar drug manufacturers from conducting direct-to-consumer advertising (DTCA) of prescription drugs, including advertising on social media. The bill adds a new prohibition to the Federal Food, Drug, and Cosmetic Act, making it unlawful for holders of drug approvals (under section 505) or licenses (under section 351) to advertise their products directly to consumers if they have run such DTCA within the prior 30 days. The prohibition covers all forms of consumer-targeted promotion—TV, radio, print, digital platforms, and social media—and applies to drugs regardless of when they were approved or licensed. The effective date is 30 days after enactment. Sponsor group includes Senators Sanders, King, Murphy, Welch, Merkley, and Durbin. The text does not specify penalties or enforcement mechanisms beyond existing FDA authority, but enforcement would fall under the FDA's regulatory powers under the FD&C Act.
Key Points
- 1Prohibition scope: Direct-to-consumer advertising of prescription drugs (including social media and other digital platforms) is banned for drugs approved under 505 or licensed under 351, provided the sponsor has conducted DTCA within the last 30 days.
- 2Definition of DTCA: Any promotional communication targeting consumers for marketing a prescription drug, spanning television, radio, print, digital platforms, and social media.
- 3Effective date and scope: The ban takes effect 30 days after enactment and applies to all qualifying drugs, regardless of when they were approved or licensed.
- 4Legal framework: The new prohibition is added as subsection (hh) to section 502 of the FD&C Act. It references existing provisions (section 505 and section 351) and is subject to section 503(b)(1), but the text provided does not detail specific enforcement mechanisms or penalties.
- 5Exclusions and exemptions: The text provided does not include exemptions; it broadens the ban to all qualifying DTCA with no carve-outs for educational materials or neutral information.