The Protecting Patients from Deceptive Drug Ads Online Act empowers the FDA to update its regulations and enforcement to better protect public health and stop misinformation.
Nearly 90% of teens and young adults who use social media say they use it to find information about their healthcare. However, as pharmaceutical marketers have shifted more and more of their budgets towards selling their products on social media, especially via paid influencers, the FDA’s regulation has lagged behind.
The Protecting Patients from Deceptive Drug Ads Online Act, introduced by Sen. Durbin (D-IL) and Sen. Braun (R-IN), directs the FDA to update and enforce its regulations for how prescription drugs are promoted on social media, focusing the agency’s attention specifically on deceptive or misleading communications by telehealth companies, social media influencers, and healthcare providers. The legislation will tackle misinformation and manipulative advertising tactics by:
Enforcing the same accurate information requirement on social media advertising that the FDA has for ads on TV, in newspapers, etc. That means making sure all drug communications on social media must include clear and accurate information about side effects, contraindications, and effectiveness.
Creating penalties for telehealth companies, social media influencers, and healthcare providers who benefit financially from sharing misleading information about prescription drugs on social media.
Directing the FDA to monitor communications that are specific to social media, like microinteractions between paid influencers and followers in comment sections.
Making the FDA keep a payment disclosure database where payments made to influencers or healthcare providers to promote drugs must be reported and made public.
Establish a task force in coordination with the Federal Trade Commission to enhance monitoring and enforcement with respect to prescription drug advertisements.
As an organization focused on advocating for the interests of young people with chronic conditions, Generation Patient is proud to have played a foundational role in bringing this issue to the attention of legislators and supporting its development.
“This legislation comes not a moment too soon. For years, patients, especially young patients, have been left to fend for themselves as pharmaceutical marketers have gotten away with pushing misleading and unbalanced content on social media. This bill is an exciting first step to that while forcing the industry to be more transparent and publicly accountable. Thanks to Senator Durbin and Braun for listening to patients’ concerns, this bipartisan bill is a must-pass legislation for both parties,” said Sneha Dave, founder of Generation Patient.
The common sense appeal of this legislation is underscored by the diverse coalition of public interest groups endorsing it, which includes the Young People’s Alliance, the American Academy of Family Physicians, Public Citizen, Doctors for America, and the Public Interest Research Group.
Want more information on the Protecting Patients from Deceptive Drug Ads Online Act? Join patient advocates and issue experts for a briefing and Q&A on Monday, September 16th at 10:30 am EST! We are thrilled to be co-hosting this briefing with the Young People's Alliance and the U.S. Public Interest Research Group. As young patients and the primary targets of these deceptive ads, we understand firsthand the harmful impacts of misleading and manipulative pharmaceutical advertisements on social media.
Register for this webinar here!!