Bipartisan Bill on Influencer, Telehealth Ads

Sens. Dick Durbin (D-IL) and Roger Marshall (R-KS) have introduced the Protecting Patients from Deceptive Drug Ads Act to improve FDA oversights of drug ads by social media influencers and telehealth companies. A statement issued by Durbin says there generally is a gap in FDA oversight when it comes to many advertisements by influencers and telehealth companies. “Too many of these promotions provide false information, omit key side effects, or fuel demand for medications that may not be appropriate for a patient,” Durbin says.

The bill would have FDA issue Warning Letters for false and misleading prescription drug promotions followed by fines for noncompliance. “The legislation includes commonsense exemptions to limit the scope of the legislation to flagrantly deceptive commercial speech,” Durbin says.

The legislation would also require drug manufacturers to report payments to influencers to the Open Payments database.