This legislation amends the Federal Food, Drug, and Cosmetic Act to impose new restrictions on direct-to-consumer drug advertising , particularly for newly approved medications, aiming to prevent their advertising to consumers during their initial market phase. The bill specifically prohibits direct-to-consumer advertising for drugs approved under section 505(c) for the first three years following their approval. However, the Secretary of Health and Human Services may grant a waiver for the third year if the drug's sponsor applies and it is determined that such advertising would have an affirmative value to public health . Beyond this initial period, the Secretary retains authority to prohibit direct-to-consumer advertising if a drug is found to have significant adverse health effects based on post-approval data. The Secretary is also mandated to revise regulations within one year to implement these new restrictions, which apply to drugs approved within one year prior to the bill's enactment.
Broadcasting, cable, digital technologiesDrug safety, medical device, and laboratory regulationInternet, web applications, social mediaMarketing and advertisingPrescription drugs
Responsibility in Drug Advertising Act of 2025
USA119th CongressHR-1117| House
| Updated: 2/7/2025
This legislation amends the Federal Food, Drug, and Cosmetic Act to impose new restrictions on direct-to-consumer drug advertising , particularly for newly approved medications, aiming to prevent their advertising to consumers during their initial market phase. The bill specifically prohibits direct-to-consumer advertising for drugs approved under section 505(c) for the first three years following their approval. However, the Secretary of Health and Human Services may grant a waiver for the third year if the drug's sponsor applies and it is determined that such advertising would have an affirmative value to public health . Beyond this initial period, the Secretary retains authority to prohibit direct-to-consumer advertising if a drug is found to have significant adverse health effects based on post-approval data. The Secretary is also mandated to revise regulations within one year to implement these new restrictions, which apply to drugs approved within one year prior to the bill's enactment.
Broadcasting, cable, digital technologiesDrug safety, medical device, and laboratory regulationInternet, web applications, social mediaMarketing and advertisingPrescription drugs