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S 652 119th Congress Senate Health Administrative law and regulatory procedures Civil actions and liability Congressional oversight Department of Health and Human Services Government information and archives Health technology, devices, supplies Internet, web applications, social media Manufacturing Marketing and advertising Prescription drugs

Protecting Patients from Deceptive Drug Ads Act

Introduced: February 20, 2025 Introduced by: Durbin, Richard J. Democratic · Illinois See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 20, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text: CR S1129-1130)
Feb 20, 2025
Introduced in Senate
 Plain-English summary Congressional Research Service

Protecting Patients from Deceptive Drug Ads Act

This bill establishes civil penalties for false or misleading communications about prescription drugs by certain entities on social media. It also requires additional disclosures and reporting relating to drug advertisements on social media or via telehealth.

The bill’s civil penalties apply when social media influencers or health care providers make communications regarding prescription drugs, using social media platforms, from which they financially benefit that (1) are made knowingly or recklessly and are false or inaccurate, or (2) fail to include the brief summary information (i.e., side effects, contraindications, effectiveness) required in drug advertisements. The Food and Drug Administration (FDA) must issue guidance and publish notice of such enforcement actions. The FDA may notify drug manufacturers when such communications fail to include the brief summary information.

The bill also requires telehealth providers (i.e., entities that use telecommunications to bring together patients and drug prescribers or dispensers) to include the brief summary information in prescription drug advertisements.

Also, payments from drug manufacturers to health care providers or social media influencers, or from health care providers to influencers, for communications promoting prescription drugs must be reported in accordance with anti-kickback laws for federal health care programs.

Additionally, the FDA may conduct market surveillance regarding prescription drug promotion on social media, including analyzing communications and establishing a task force with the Federal Trade Commission.

What's happening now February 20, 2025

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text: CR S1129-1130)

 Committees of jurisdiction 1