Health Leaders Consider Tighter Rules on Drug Ads Aimed at Consumers

A report from the Make America Healthy Again (MAHA) Commission was delayed earlier this month, but leaked documents reveal plans to increase oversight of pharmaceutical companies’ direct-to-consumer (DTC) advertising. Health leaders, including HHS Secretary Robert F. Kennedy Jr., have long criticized DTC ads, and Congress has discussed banning them, but no major changes have been made yet. The upcoming report may propose stricter rules, especially for ads on social media, where telehealth companies have been accused of using misleading marketing tactics, according to draft documents published by Politico. The draft strategy includes policy recommendations from a group assembled by President Trump and Kennedy, though the final version may change. The White House delayed the report to coordinate schedules, Politico reported. Earlier this year, the administration released its first MAHA report, which identified problems in the nation’s food and health system and directed the commission to develop solutions. That report faced criticism for errors and alleged AI use. The draft strategy suggests that drug companies should expect closer scrutiny of their DTC ads. While Kennedy has previously called for a complete ban, the draft proposal takes a softer approach. Instead of an outright ban, the recommendations focus on increasing oversight and enforcement under existing laws for DTC prescription drug ads. The FDA, HHS, Federal Trade Commission, and Department of Justice would prioritize the most serious violations, such as those by social media influencers and telehealth companies. The proposal does not include specific penalties, and legal experts say the agencies may not have the authority to ban DTC ads outright. In February, Senators Dick Durbin and Dr. Roger Marshall introduced a bill targeting deceptive drug ads online, aiming to close legal loopholes for pharma advertising. The MAHA Commission also believes the FDA should regulate these ads. Meanwhile, drugmakers continue to explore new DTC marketing strategies, including platforms where patients can consult healthcare professionals and receive prescriptions. AstraZeneca recently launched a DTC delivery service for its flu vaccine, FluMist. The Trump administration has also pushed for drug companies to sell directly to Americans at lower prices. If new rules are passed, pharmaceutical companies are likely to challenge them in court, as legal experts say these changes could face First Amendment challenges.

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