ANA Opposes Unconstitutional Ad Tax in Washington State

January 31, 2019

ANA is filing a letter opposing Senate Bill 5659 in Washington State. This bill imposes a 2 percent business and occupation tax surcharge on pharmaceutical advertising revenues paid to radio and television stations, newspapers and magazines and billboard companies.

This tax raises serious First Amendment concerns because it imposes a content-based tax on the speech of business sector, pharmaceutical manufacturers. The bill also raises serious interstate commerce concerns since many DTC advertisements seen or heard by citizens of Washington State are also seen and heard by people outside of the state’s borders.

ANA will continue to monitor this significant matter closely. If you have any questions about this bill or other state legislative issues please contact Dan Jaffe (, Chris Oswald (, or Keith Scarborough ( in ANA’s Washington, DC office at (202).296.1883

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