President Donald Trump signed an executive memorandum on Tuesday ordering his administration to address misleading direct-to-consumer (DTC) drug advertising and to ensure "transparency and accuracy."
In the memo, Trump instructed the Department of Health and Human Services (HHS) to take "appropriate action" on regulation surrounding drug advertising, including more disclosures about side effects.
"The FDA [Food and Drug Administration] 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," the memo stated.
"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," it added.
The FDA has sent out 100 cease-and-desist and thousands of warning letters informing companies of the increased attention on enforcement, The Hill reported.
Health Secretary Robert F. Kennedy Jr. called Trump's mandate a "historic change," saying it gives HHS the ability to "reinstate the 1997 rules."
"Prior to 1997, pharmaceutical advertisers were required to put all their side effects on their ads," Kennedy said.
"In 1997, the FDA changed the rules to allow them to report their side effects on a website or by telephone. They only had to report a few of them on television.
"That triggered a proliferation of these ads. … It's had a disastrous impact on human health … leading Americans to believe there's a pill for every ill."
After the FDA's guidance, TV advertising and spending on drug ads ballooned from $1 billion in 1997 to $6 billion annually now.
Now, Trump is ordering more information to be provided by pharmaceutical companies in their TV ads.
HHS will "take appropriate action to ensure transparency and accuracy in direct-to-consumer prescription drug advertising, including increasing the amount of information regarding any risks associated with the use of any such prescription drug," the memo said.
A spokesperson for the lobbying group Pharmaceutical Research and Manufacturers of America (PhRMA) defended DTC advertising, citing "documented evidence of advancing patient awareness and engagement."
"PhRMA member companies are committed to responsible advertising, and we look forward to learning more details about the policy changes announced today," spokesperson Alex Schriver said in a statement to The Hill.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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