WASHINGTON, DC — Today, Representatives Jerrold Nadler (NY-12), Maxine Dexter, M.D. (OR-03), and Ilhan Omar (MN-05) introduced H.R.4605, the End Prescription Drug Ads Now Act, legislation that would ban prescription drug advertising in all forms.
“Pharmaceutical companies spend billions of dollars on ads that drive up the cost of their already expensive prescription drugs,” said Representative Nadler. “The End Prescription Drug Ads Now Act will lower pharmaceutical drug prices for Americans by putting a stop to these wasteful ads that are banned in all but one other country in the world. It will also protect our most vulnerable by ensuring they get the best information about medical treatments from their doctors and providers, not from misleading prescription drug advertisements.”
“I have spent my career delivering life-saving care to people in moments of crisis as well as those with chronic conditions,” said Representative Dexter. “Big Pharma spending billions on direct-to-consumer ads makes needed medications more expensive and erodes trust in the healthcare system. It is unethical and must be stopped. This legislation is an important step toward ensuring medical decisions are made between patients and their doctors, not by Big Pharma’s marketing machine.”
“Prescription drug ads are a symptom of a deeper illness in our healthcare system, one where corporate marketing has more influence than public health. Big Pharma has built a system where they spend billions in marketing costs which is raising the costs of drugs," said Representative Omar. "These ads exploit fear and make our healthcare system even more profit-driven. Banning them is a necessary step toward putting people before profit and restoring trust in medical care that centers patients, not corporations.”
The End Prescription Drug Ads Now Act would ban drug manufacturers from using direct-to-consumer advertising to promote their products. Direct-to-consumer is defined as any promotional communication targeting consumers, including through television, radio, print media, digital platforms, and social media, for the purposes of marketing a prescription drug. Prescription drug ads increase drug costs and mislead patients.
Last year, the top 10 drug companies made more than $100 billion in profits while the pharmaceutical industry spent over $10 billion on television ads. Prescription drug ads now account for more than 30 percent of commercial time on evening news programs on major television networks. In the first half of this year, Big Pharma spent over $1 billion on direct-to-consumer advertisements for just ten drugs. Additionally, in 2020 more money was spent on ads for prescription drugs with a lower added clinical benefit than those with a higher added benefit.
Banning prescription drug ads is a commonsense reform. The United States is one of just two countries in the world that still allow direct-to-consumer pharmaceutical advertising. The American Medical Association endorsed a ban a decade ago. The ban is endorsed by numerous health-related organizations, including Jacobs Institute of Women's Health, MedShadow, National Center for Health Research, Our Bodies Ourselves, TMJ Association, USA Patient Network, Washington Alliance for Patient Safety, and WoodyMatters.
The text of the bill can be found here.
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