Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 771 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to advertising; stating findings and
7 declarations; defining terms; prohibiting certain
8 direct-to-consumer advertising by pharmaceutical
8 companies; listing prohibited acts; creating felony
9 offense; providing exceptions; providing for
9 noncodification; providing for codification;
10 providing an effective date; and declaring an
10 emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law not to be
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15 codified in the Oklahoma Statutes reads as follows:
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16 The Legislature of the State of Oklahoma finds and declares:
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17 1. Direct-to-consumer (DTC) advertising has the potential to
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18 exploit lay understanding of medical science, exposing the public to
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19 persuasive marketing tactics that may compromise informed decision-
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20 making, mislead consumers by underplaying risks, and cause undue
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21 burden on physicians' prescribing practices; and
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22 2. Past instances of misleading DTC pharmaceutical advertising
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23 have resulted in immense harm to public health such as the
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24 aggressive advertising campaigns for OxyContin, Vioxx, and Zyprexa.
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Req. No. 1438 Page 1
1 Purdue Pharma's OxyContin advertising played a huge part in the
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2 opioid addiction crisis and the company settled with the United
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3 States Department of Justice for Eight Billion Three Hundred Million
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4 Dollars ($8,300,000,000.00) for their role in 2020. In 2019, Purdue
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5 settled with Oklahoma for Two Hundred Seventy Million Dollars
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6 ($270,000,000.00);
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7 3. Newly approved medications advertised directly to consumers
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8 may present unknown long-term risks, exposing patients to potential
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9 harm, such as with the Vioxx debacle which resulted in Merck paying
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10 Four Billion Eight Hundred Fifty Million Dollars ($4,850,000,000.00)
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11 to end the lawsuits;
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12 4. The United States is one of only two countries globally that
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13 permits DTC pharmaceutical advertising. One hundred ninety-three
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14 out of the world's one hundred ninety-five countries do not permit
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15 DTC pharmaceutical advertising. Prohibiting this practice would
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16 align Oklahoma with the global norm;
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17 5. The costs of advertising are frequently passed on to
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18 consumers in a field where such advertising is not necessary, with
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19 advertising budgets for some drugs in the hundreds of millions of
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20 dollars, resulting in higher drug prices and imposing financial
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21 burdens on patients and health care systems;
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22 6. DTC advertising could compromise the integrity of the
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23 doctor-patient relationship by creating improper pressure on doctors
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24 to prescribe certain advertised medications. Banning DTC
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Req. No. 1438 Page 2
1 pharmaceutical advertising would encourage better communication and
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2 trust between patients and their health care providers, fostering
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3 informed and responsible medical decision-making;
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4 7. DTC advertising often prioritizes the promotion of lifestyle
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5 medications over essential, life-saving drugs, distorting health
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6 care priorities; and
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7 8. DTC advertising promotes the over-medicalization of common
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8 conditions, often urging consumers to pursue pharmacological
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9 solutions over alternative treatments or lifestyle modifications.
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10 SECTION 2. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 9000 of Title 63, unless there
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12 is created a duplication in numbering, reads as follows:
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13 As used in this act:
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14 1. "Direct-to-consumer pharmaceutical advertising" refers to
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15 any promotional communication targeting consumers including, but not
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16 limited to, television, radio, print media, digital platforms, and
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17 social media, that markets prescription drugs; and
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18 2. "Pharmaceutical companies" refers to entities involved in
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19 the research, development, production, or distribution of
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20 prescription drugs.
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21 SECTION 3. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 9001 of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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Req. No. 1438 Page 3
1 A. No pharmaceutical company shall engage in direct-to-consumer
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2 advertising of prescription drugs within this state.
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3 B. Prohibited activities include, but are not limited to:
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4 1. Broadcasting advertisements for prescription drugs via
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5 television, radio, online streaming services, billboards, email,
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6 text messaging, or social media;
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7 2. Publishing advertisements for prescription drugs in print or
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8 digital publications distributed within Oklahoma; and
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9 3. Targeting Oklahoma residents with prescription drug
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10 advertisements through digital or social media platforms.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 9002 of Title 63, unless there
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13 is created a duplication in numbering, reads as follows:
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14 A. Any individual or entity violating the provisions of this
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15 act shall, upon conviction, be guilty of a felony.
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16 B. A felony conviction under this act shall be punishable by a
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17 fine not exceeding Five Hundred Thousand Dollars ($500,000.00) or
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18 imprisonment in the custody of the Department of Corrections for a
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19 term not exceeding five (5) years, or by both such fine and
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20 imprisonment.
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21 C. Each instance of prohibited advertising shall constitute a
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22 separate offense.
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Req. No. 1438 Page 4
1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 9003 of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 This act shall not apply to:
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5 1. Educational materials distributed by health care providers
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6 directly to their patients;
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7 2. Internal communications within health care organizations;
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8 3. Communications required by federal or state law;
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9 4. Advertisements related to public health campaigns that
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10 educate the public about medication, treatments, and health
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11 conditions, provided they are not promoting a specific
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12 pharmaceutical product;
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13 5. Advertisements that promote clinical trials or other
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14 research opportunities related to prescription drugs, provided that
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15 they comply with ethical and legal standards and are not promoting
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16 the use of the drug outside of a controlled trial setting;
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17 6. Advertisements that inform consumers about insurance
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18 coverage for prescription drugs, such as coverage options through
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19 Medicaid, Medicare, or private insurers, provided these
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20 advertisements do not directly promote specific drugs or brands; or
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21 7. Advertisements or communications related to patient
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22 assistance programs that provide financial support or subsidies for
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23 individuals who are unable to afford their medications, provided
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24 these communications are not directly promoting a specific product.
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Req. No. 1438 Page 5
1 SECTION 6. This act shall become effective July 1, 2025.
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2 SECTION 7. It being immediately necessary for the preservation
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3 of the public peace, health or safety, an emergency is hereby
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4 declared to exist, by reason whereof this act shall take effect and
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5 be in full force from and after its passage and approval.
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7 60-1-1438 DC 1/19/2025 5:43:01 AM
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Req. No. 1438 Page 6Every fact on this page links to its source, starting with the official bill record.