House Health Subcommittee to Mark Up Drug Safety Bill

Bill May Include Advertising Restrictions

The House Energy and Commerce Subcommittee on Health is expected to markup a drug safety bill on Wednesday, June 13, 2007. It is possible that there may be provisions to ban or restrict prescription drug advertising included in the Chairman's mark or offered during the markup. Among the possible proposals: a ban on advertising for new drugs; a requirement for the FDA to pre-clear all prescription drug ads; or a requirement for non-specific warnings about unidentified risks in ads.

These restrictions would set a very dangerous precedent for other product categories beyond the pharmaceutical industry. ANA is working closely with member companies and other industry groups to oppose these provisions. We support giving the FDA new civil penalty authority similar to that used by the Federal Trade Commission for false or misleading ads. But banning or imposing massive new warning requirements on these ads would be a serious mistake.

It would be very helpful if your company could contact members of the House Energy and Commerce Subcommittee on Health to express your opposition to any ban or new restrictions on prescription drug advertising.

The lobbying firm working with us on these issues has prepared some talking points you may wish to use in your contacts.

Please contact Dan Jaffe ( or Keith Scarborough ( in ANA's Washington, DC office at (202) 296-1883 if you have any questions.