WASHINGTON, D.C. — U.S. Senator Angus King (I-ME) is introducing legislation 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 established or extend the prohibition if the drug has significant adverse health effects.

The legislation comes as more than 120 million viewers are expected to tune in to Super Bowl LIX this Sunday. Drug advertisers use these high-visibility moments, with millions of eyes on TV screens, to persuade and potentially mislead consumers about specific drugs that can be costlier to patients and possibly hazardous to their health. In the weeks leading up to Super Bowl LIX, the network airing the game has fetched $8 million for each 30-second TV ad slot, as companies pay a premium to tout their newest product to the Super Bowl’s vast audience.

“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. 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 promotional ads before we fully understand their impact on the general public.”

Before the mid-1980s, drug companies only provided information about their products to doctors or pharmacists, who would then relay information to their patients when appropriate. But during the 1980s, companies started to market their drugs directly to consumers through ads. To date, federal law does not require the FDA to approve advertisements before they are released to the public. The only major requirement is that advertised information must be presented in consumer-friendly language that is readily understandable. 

 The United States and New Zealand are the only two countries that even allow direct to consumer drug advertising. In 2007, the World Health Organization (WHO) made a strong recommendation against direct-to-consumer drug advertising, calling it, “a significant risk of exposing more patients to the adverse effects of new drugs.” A study by Dartmouth College and the University of Wisconsin-Madison found that nearly 60 percent of prescription drug advertisements were misleading or false.

Senator King has been a leader in working to reduce prescription drug costs and hold pharmaceutical companies accountable for the content of their ads. Most recently, Senator King cosponsored bipartisan legislation which would require price disclosures on advertisements for prescription drugs in order to inform patients who are considering certain medications after seeing television commercials. He has previously introduced legislation to prohibit pharmaceutical drug manufacturers from claiming tax deductions for consumer advertising expenses. 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. Thanks to the Inflation Reduction Act, insulin fees are capped at $35/month, Medicare is able to negotiate drug prices, and a $2,000 yearly cap on out-of-pocket expenses has been instituted for Medicare recipients.

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