States Begin Efforts To Ban Drug Advertising.

Efforts to ban direct-to-consumer pharmaceutical advertising have mostly been centered in Congress, but there’s a push in Oklahoma and Connecticut to take state-level approaches. This comes as a new bill has been introduced to limit drug ads on a national level.

Oklahoma Republican State Senator Dusty Deevers has proposed a bill that would prohibit drug ads on radio and other media in the state. Deevers says pharmaceutical ads have led to a culture in which commercials can end up influencing healthcare decisions and put pressure on doctors to prescribe certain advertised medications.

“The dangers of direct-to-consumer pharmaceutical advertising have been well-documented in multiple public health crises,” says Deevers. He says the legislation will ensure that medical decisions are “merit-based” and free from “emotionally manipulative multi-million-dollar marketing campaigns.”

The bill (SB771) explicitly bars advertisements for prescription drugs via radio, television, print and digital publications, online streaming services, billboards, email, text messaging, or targeting Oklahoma residents with prescription drug advertisements through digital or social media platforms. Each instance of prohibited advertising would constitute a separate offense. Violators would be guilty of a felony punishable by fines up to $500,000 and five years in prison.

The proposed bill would still allow for ads related to public health campaigns, as long as they don’t promote a specific pharmaceutical product. Ads related to insurance coverage for prescription drugs, and ads that promote clinical trials or research, would also be allowed.

Oklahoma isn’t alone in going after direct-to-consumer pharmaceutical advertising. Connecticut Republican State Rep. David Rutigliano has proposed a similar bill (H.B. No. 5270) to ban drug ads from his state’s media outlets. Rutigliano told the Hartford Business Journal that his proposal is “trying to start the conversation” even as efforts to create a national ban on drug ads continue in Washington.

“The beauty of the Connecticut system is we get to raise a concept that’s not fully vetted, which this one isn’t, and have a conversation,” Rutigliano said.

Federal Effort Continues

The state efforts could help motivate lawmakers in Congress to act. U.S. Sen. Angus King (I-ME) has reintroduced legislation to limit pharmaceutical advertising. His bill would prohibit DTC advertising of a new drug in the first three years after it receives Federal Drug Administration approval. The FDA could waive the third year of this prohibition if it determines there is enough value to public health — or extend the prohibition if the drug has significant adverse health effects.

King says his bill would “protect people over profits” by limiting a flood of “misleading” ads that drive up costs. “This bill is a great step to ensure that patients are getting the best information possible,” King says. “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.”

King earlier co-sponsored bipartisan legislation that would require price disclosures on advertisements for prescription drugs. He has also previously introduced legislation to prohibit pharmaceutical drug manufacturers from claiming tax deductions for consumer advertising expenses.

New Rules In Effect

New FDA rules took effect in November requiring that pharmaceutical ads on radio and television clearly state the name of the drug and list its side effects in a “clear, conspicuous, and neutral manner.” For radio, the FDA says drugmakers should consider the volume, articulation, and pacing of the information in the commercial. The FDA adopted the new standards (FDA-2009-N-0582), saying the information featured in broadcast ads needs to “be presented in consumer-friendly language and terminology that is readily understandable.”

An FDA review in 2023 suggested there is room for improvement. The FDA released a review of five drug ads that aired on the radio, and it found that two violated the existing fair balance regulations and also violated the rules that side effect disclosures be clear and conspicuous.

Reasons To Stick With Radio

Media Monitors says nearly 44,000 prescription drug ads aired last week on radio stations it tracks, demonstrating radio remains an attractive outlet for pharmaceutical companies. One reason is how well it works.

Cumulus Media/Westwood One last year released the results of seven brand-tracking studies conducted among adults 18+ and found that AM/FM radio can do a better job reaching users of pharmaceuticals than TV.

The analysis found that radio is a “reach accelerator” for drug brands, which see “significant lifts” in incremental reach with the addition of AM/FM radio to their media buys. The report also says that the younger the demo, the larger the reach gains were for radio since younger adults tend to be light viewers of television.