| |

House Health Subcommittee Bill Bans and Restricts Prescription Drug Advertising

Please Contact Subcommittee Members to Oppose These Provisions

The Chairman of the House Energy and Commerce Subcommittee on Health, Congressman Frank Pallone (D-NJ), has released a discussion draft of the drug safety bill. That draft contains five new restrictions on prescription drug advertising to consumers:

  1. a three-year ban on ads for new medications;
  2. preapproval of ad content by the FDA;
  3. mandated warning language about nonspecific, unidentified possible adverse events;
  4. a mandated "black triangle" warning symbol for all new drugs; and
  5. required preapproval of a medication's marketing plan by FDA.
The Health Subcommittee is expected to markup the drug safety bill on Thursday, June 14, 2007.

We need your help to defeat these ad bans and restrictions!

These provisions 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 immediately 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 (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA's Washington, DC office at (202) 296-1883 if you have any questions.



Legislative and Regulatory Issues Tracking

ANA's Washington, DC office works to protect the ability of all marketers to communicate effectively with consumers.   The scope of legislation, regulations, and court cases impacting the marketing community continues to be extremely broad, extending to issues as diverse as online privacy, prescription drug advertising, restrictions on the tax deductibility of advertising costs and the regulatory powers of the Federal Trade Commission.

Read more >

Compendium of Legislative, Regulatory and Legal Issues

ANA's Washington, DC office plays a leading role in protecting the ability of all marketers to communicate effectively with consumers. At the end of each year, we prepare a Compendium which describes our efforts on the broad range of issues we have faced. 

Read more >

Alliance for Family Entertainment

The ANA Alliance for Family Entertainment (AFE) is a coalition of national advertisers, supported by the ANA, which represents almost 40% of all U.S. television advertising dollars..

Learn more >


ANA and the American Association of Advertising Agencies (4A’s) conduct broadcast talent negotiations with the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) through the Joint Policy Committee, or JPC.

Learn more >