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# Lawmakers Urge FDA to Block Super Bowl Drug Ad
- URL: https://www.fdaweb.com/lawmakers-urge-fda-to-block-super-bowl-drug-ad/
- Published: 2025-02-07T12:00:00.000Z
- Updated: 2026-09-14T14:52:44.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5158622

Senators **Dick Durbin** (D-IL) and **Roger Marshall** (R-KS) are urging FDA to take enforcement action against a planned direct-to-consumer (DTC) commercial that will run during the Super Bowl 2/9 which omits safety or side effect information. The commercial promotes Hims & Hers’ compounded version of the GLP-1 weight loss drug semaglutide.

In a [2/7 letter to FDA](https://www.durbin.senate.gov/newsroom/press-releases/durbin-marshall-draw-fda-attention-to-misleading-drug-commercial-set-to-run-during-super-bowl?ref=fdaweb.com), the lawmakers contend that the advertisement appears to be “exploiting a perceived loophole in federal law regarding promotions of compounded drugs by telehealth companies.” However, the letter argues, the ad does fall under the agency’s jurisdiction, and the lawmakers note that legislation is forthcoming to close any gaps regarding prescription drug advertising.

“We recognize the important roles that pharmaceutical compounding and telehealth play in the health care delivery system, helping to ensure access to FDA-approved products and filling a need for more customized treatments,” the letter says. “However, we believe there should be no disparity in pharmaceutical advertising requirements between regulated entities.” Despite any loophole that the company may believe allows it to omit safety information, the letter reminds FDA that it “may already have the authority to take enforcement action against marketing that may mislead patients about this company’s products.”