U.S. Senators Introduce Bill To Prohibit Direct-To-Consumer Drug Advertising

Health and Human Services Secretary Robert F. Kennedy Jr. has said repeatedly that he will issue an executive order to “kick pharmaceutical commercials off television.”  Senators Bernie Sanders and Angus King will introduce legislation today that will ban pharmaceutical companies from advertising prescription drugs directly to consumers.

The FDA regulates advertising for drugs, essentially any claims that a product affects the body or disease. The Public Health Cigarette Smoking Act of 1969 banned cigarette commercials from airing on radio and television.  It was never challenged by the tobacco industry, so there is no clear First Amendment precedent for the Sanders/King ban, but Big Pharma and the networks will certainly spend billions to challenge this ban in court:

https://www.investing.com/news/stock-market-news/lawmakers-push-to-ban-directtoconsumer-drug-advertising-wsj-reports-4093828

Lawmakers push to ban direct-to-consumer drug advertising, WSJ reports
By Luke Juricic - June 12,2025
Lawmakers push to ban direct-to-consumer drug advertising, WSJ reports

Investing.com -- Senators Bernie Sanders and Angus King are preparing to introduce legislation that would ban pharmaceutical companies from advertising prescription drugs directly to consumers, The Wall Street Journal reported Thursday. The proposal would block promotional content across television, radio, print, digital platforms, and social media.

The bill echoes long-standing criticisms that such advertising fuels over-prescription and inflates healthcare costs. It also aligns with calls from Health and Human Services Secretary Robert F. Kennedy Jr., who said during his presidential campaign that he would issue an executive order to “kick pharmaceutical commercials off television.”

“The American people don’t want to see misleading and deceptive prescription drug ads on television,” Sanders said in a statement to the Journal. “They want us to take on the greed of the pharmaceutical industry and ban these bogus ads.”

According to iSpot.TV, AbbVie Inc . (NYSE:ABBV) was the top TV ad spender of 2024 among pharmaceutical companies, its third consecutive year topping the ranking. AbbVie’s Skyrizi and Rinvoq were the most advertised drugs of that year, resulting in an estimated $714.5 million spent between the two.

Other major spenders include Sanofi ADR (NASDAQ:SNY), which racked up around $276 million in 2024 ad spend for its Dupixent drug in collaboration with Regeneron (NASDAQ:REGN) Pharmaceuticals Inc (F:REGN), and Novo Nordisk, whose campaign for weight-loss drug Wegovy led to approximately $261.5 million in charges for the year. iSpot.TV data indicates that, as of this past week, both Skyrizi and Wegovy were among the ten most-viewed ads.

The U.S. is one of only two countries that allow direct-to-consumer pharmaceutical ads, and previous legislative attempts to limit the practice have faced constitutional and industry-related hurdles. However, growing public concerns over drug pricing and Big Pharma’s influence could give this renewed effort political momentum.

Supporters view the bill as a step toward reducing healthcare costs and limiting corporate sway over public health messaging. But with the industry likely to challenge any ban on First Amendment grounds, the measure could face intense legal and lobbying resistance.