Regulatory Rumblings

Protecting the Tax Deductibility of DTC Advertising

Posted: Dec 12, 2017 3:30pm ET

The U.S. Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing today on the cost of prescription drugs, including discussion of a report from the National Academy of Sciences that included a recommendation that Congress “should disallow the tax deductibility of direct-to-consumer advertising of prescription drugs as a business expense.”

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Limiting Available Health Info is Bad for America

Posted: Dec 5, 2017 2:30pm ET

Last week, the National Academy of Sciences issued a new report, “Making Medicines Affordable: A National Imperative,” which, among other proposals, recommends that the tax deduction for prescription drug advertising be removed.

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It’s not over till it’s over

Posted: Nov 17, 2017 11:30am ET

Yesterday, the House passed its version of the Tax Cuts and Jobs Act – the long-awaited tax reform package that was promised by President Trump. On the Senate side, a somewhat different version of the bill passed through the Finance Committee after several days of debate over amendments.

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Pharma Ads Threatened in Senate

Posted: Nov 14, 2017 9:15am ET

Senator Claire McCaskill (D-MO) suddenly and unexpectedly has filed an amendment to the Tax Cuts & Jobs Act released by Chairman Hatch. Her amendment would totally eliminate the advertising costs deduction for pharmaceutical companies.

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Ninth Circuit A Hotspot for Troubling Advertising Law

Posted: Oct 27, 2017 9:00am ET

Recent action by the Ninth Circuit U.S. Court of Appeals has taken a troubling turn away from the trajectory of increasing First Amendment protections for commercial speech.

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Pai to Remain as Strong Leader of the FCC

Posted: Oct 4, 2017 10:20am ET

The Senate reconfirmed Federal Communications Commission (FCC) Chairman Ajit Pai to a new five-year term earlier this week. Chairman Pai has been serving as head of the agency since January, when he was selected by President Trump as the Administration’s top regulator of the communications industry.

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Take Nothing for Granted

Posted: Sep 27, 2017 12:00pm ET

Today the “Big Six” released their proposal for tax reform, entitled: “Unified Framework for Fixing Our Broken Tax Code.” We were very pleased to see that there was no proposal to limit advertising deductions covered in the framework.

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Legislative Oversteps being Pushed Back

Posted: Sep 25, 2017 3:30am ET

Last week, Illinois Governor Bruce Rauner issued a veto of HB 3449, the Geolocation Privacy Protection Act. The bill “sought to require businesses and other private entities to get express consent from consumers before collecting, using, storing or disclosing geolocation information from mobile apps.”

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Ninth Circuit Reverses Denial of Preliminary Injunction for Disclosure Requirements on Sugar-Sweetened Beverage Ads

Posted: Sep 20, 2017 10:30am ET

On September 19, 2017, the U.S. Court of Appeals for the Ninth Circuit issued a decision protecting advertisers from forced disclosures in product advertising and curbing a recent trend in judicial decisions that had approved certain forms of compelled commercial speech.

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Major Industry Victory on CA AB 375

Posted: Sep 18, 2017 11:45am ET

California’s AB 375, the California Broadband Internet Privacy Act, was pushed to the “inactive file” as the legislature finished up its term on Friday, September 15th. This is a major victory for advertisers in California and across the country.

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