Bill Introduced to Ban Misleading DTC Ads

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U.S. Rep. Abigail Spanberger (D-VA) has introduced a bill entitled the Banning Misleading Drugs Act that is intended to prevent manufacturers from obscuring dangerous side effects of their prescription drugs in their advertisements and to help consumers make informed decisions. The measure would require FDA to finalize a 15-year-old proposed rule “clarifying that drug ads must include a statement related to side effects, contraindications, and effectiveness — while also prohibiting distractions from neutral information,” the lawmaker said in a release.

She said studies show that a television drug advertisment’s visuals that run alongside discussions about side effects of a drug “distracts American consumers from the risks. If enacted, this rule would prevent advertisements from including ‘distracting representations’ — including statements, text, images, or sounds — that detract from the communication of the major statement.”

Spanberger’s bill addresses a delayed rule that was mandated by the Food and Drug Administration Amendments Act of 2007, which required the agency to draft and finalize within 30 months of passage standards determining how side effects can be presented in pharma ads. “FDA has now missed that deadline by more than a decade,” she complained.

The measure is co-sponsored by Reps. Susan Wild (D-PA), Cindy Axne (D-IA), Katie Porter (D-CA), and Angie Craig (D-MN).

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