Deceptive Drug Ads Challenged Under New Crackdown

The Trump administration has moved to ban drug commercials on television in a new memorandum.

“The FDA has historically stipulated that a manufacturer, packer, or distributor must provide the public with materially complete information that fairly balances both the benefits and the risks of the drug,” Trump wrote. “Over time, however, the FDA’s requirements have permitted drug companies to include less information, particularly in broadcast advertising, and drug manufacturer advertising has skyrocketed in recent decades.”

“My Administration will ensure that the current regulatory framework for drug advertising results in fair, balanced, and complete information for American consumers,” the memo says, directing HHS Secretary Robert F. Kennedy Jr. to “take appropriate action to ensure transparency and accuracy in direct-to-consumer prescription drug advertising, including by increasing the amount of information regarding any risks associated with the use of any such prescription drug required to be provided in prescription drug advertisements, to the extent permitted by applicable law.”

“For far too long, the FDA has permitted misleading drug advertisements, distorting the doctor-patient relationship and creating increased demand for medications regardless of clinical appropriateness,” FDA Commissioner Marty Makary said in a statement. “Drug companies spend up to 25% of their budget on advertising. Those billions of dollars would be better spent on lowering drug prices for everyday Americans.”

According to a 2024 review published in the Journal of Pharmaceutical Health Services Research, 100% of social media posts pertaining to pharmaceuticals highlight drug benefits, while only 33% reference risks posed by the drug.

The United States and New Zealand are the only countries that permit direct-to-consumer pharmaceutical advertising.

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