End Prescription Drug Ads Now Act
Officially: “End Prescription Drug Ads Now Act” Read the full text
What it does
Read it in plain language
1Short title
This section would let the Act be referred to by the short title "End Prescription Drug Ads Now Act."
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1. Short title This Act may be cited as the End Prescription Drug Ads Now Act .
2Prohibition on direct-to-consumer drug advertising of drugs
This section would amend the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) by adding a new condition under which a drug is considered misbranded. A drug would be misbranded if it is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act, is subject to the prescription-drug requirement in section 503(b)(1), and the holder of that approval or license has conducted direct-to-consumer advertising of the drug within the most recent 30-day period. For this rule, direct-to-consumer advertising would mean any promotional communication aimed at consumers for the purpose of marketing the drug, including advertising through television, radio, print media, digital platforms, or social media. This amendment would take effect 30 days after the date this Act is enacted, and would apply to any drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act, no matter when that drug was approved or licensed.
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2. Prohibition on direct-to-consumer drug advertising of drugs (a) In general Section 502 the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (hh) (1) If it is a drug approved under section 505 or licensed under section 351 of the Public Health Service Act, and subject to section 503(b)(1), and the holder of the approved application under section 505 or of the license under such section 351 has conducted direct-to-consumer advertising of the drug within the most recent 30-day period. (2) For purposes of this paragraph, the term direct-to-consumer advertising , with respect to a drug subject to section 503(b)(1), means any promotional communication targeting consumers, including through television, radio, print media, digital platforms, and social media, for purposes of marketing such a drug. . (b) Effective date The amendment made by subsection (a) shall take effect 30 days after the date of enactment of this Act, and shall apply with respect to any drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), regardless of when the drug was approved or licensed.
Where it is
In the House.