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The bill is in line with comments RFK Jr. has made about this form of advertising.
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Direct-to-consumer drug advertising is a controversial topic in the pharma industry. On one hand, it allows drug makers to communicate directly with patient-populations and make them aware of treatment options that may not normally be presented to them. On the other hand, many people believe that treatment options should be discussed with HCPs and not be swayed by flashy advertising campaigns.
While the topic has been controversial for quite some time, it has received a higher level of attention in recent years. During the most recent US presidential election, Robert F. Kennedy Jr. discussed his desire to ban DTC drug ads entirely, although this was one just aspect of his overall healthcare agenda. Following the election, President Trump named RFK Jr as secretary of HHS, putting him in a position to act on that agenda.
Recently, Vermont senator Bernie Sanders and Maine senator Angus King introduced a bill to ban prescription drug advertising on television, radio, print, and digital platforms (including social media).1 The End Prescription Drug Ads Now Act is co-sponsored by senators Chris Murphy, Peter Welch, Jeff Merkley, and Dick Durbin.
It’s important to note that each of the co-sponsors are Democrats. Sanders and King are both independents, although Sanders often caucuses with Democrats and King is generally considered to be an overall moderate voice in the Senate. At the moment, the US Senate is controlled by Republicans, which would normally put a bill proposed by the opposition at a disadvantage.
However, as previously noted, this move was previously suggested by RFK Jr., a member of President Trump’s cabinet. Also, King has worked with Republicans before and is likely viewed as an ally by members of the controlling party.
In a press release, Sanders said, “The American people are sick and tired of greedy pharmaceutical companies spending billions of dollars on absurd TV commercials pushing their outrageously expensive prescription drugs. With the exception of New Zealand, the United States is the only country in the world where it is legal for pharmaceutical companies to advertise their drugs on television. It is time for us to end that international embarrassment. The American people don’t want to see misleading and deceptive prescription drug ads on television. They want us to take on the greed of the pharmaceutical industry and ban these bogus ads.”
King added in the same press release, “The widespread use of direct-to-consumer advertising by pharmaceutical companies drives up costs and doesn’t necessarily make patients healthier. The End Prescription Drug Ads Now Act would prohibit direct-to-consumer advertising of pharmaceutical drugs to protect people. This bill is a great step to ensure that patients are getting the best information possible and from the right source: their providers and not biased advertisements.”
While this latest bill is in line with the agenda that RFK Jr. laid out last year, Sanders isn’t on board with every aspect of the Secretary’s agenda. Earlier this month, the Vermont senator spoke out against the firing of vaccine experts at the CDC.2
In a statement on his website, Sanders said, “Let’s be clear: Firing independent vaccine experts is a dangerous, unprecedented move that will make it harder for the American people to access vaccines that are safe, effective, and essential to saving lives. For decades, Secretary Kennedy has spread lies and conspiracy theories about vaccines. Now, with Trump’s backing, he’s doubling down on misinformation that will lead to preventable illness and death. At a time when we should be strengthening trust in science and expanding access to health care, this administration is doing the exact opposite. This is a continuation of Trump and Kennedy’s dangerous war on science. It cannot stand.”
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