Generation Patient Applauds Re-Introduction of Legislation to Combat Deceptive Drug Ads

Protecting Patients from Deceptive Drug Ads Act to Address Social Media Misinformation and Empower FDA Oversight  

Generation Patient, an organization dedicated to building community and systems change for young adults with chronic and rare conditions, announced its endorsement of the re-introduced Protecting Patients from Deceptive Drug Ads Act (S.5040). Senators Dick Durbin (D-IL) and Roger Marshall (R-KS) will reintroduce this bipartisan legislation next week to address the rampant spread of misleading prescription drug advertisements on social media platforms and telehealth services.  

The bill, first introduced in September 2024, seeks to close regulatory loopholes that allow social media influencers, telehealth companies, and healthcare providers to profit from deceptive promotions of prescription medications. Key provisions include:  

  • Mandating public disclosure of payments made to influencers and providers for drug promotions through a centralized database. 

  • Strengthening oversight of telehealth platforms that connect patients with prescribers without proper medical vetting.  

  • Establishing an FDA-FTC collaboration to monitor and combat manipulative advertising tactics on social media, especially Meta and TikTok. 

“For too long, young patients have been targeted by predatory marketing that prioritizes profits over safety,” said Sneha Dave, executive director of Generation Patient.

“This legislation is a critical step toward ensuring patients receive accurate, evidence-based information about medications, not influencer-driven hype.”  

The bill has garnered support from over a dozen medical organizations, including the American College of Physicians and the American Academy of Family Physicians, who cite the risks of unregulated direct-to-consumer drug advertising.  

“As a young adult patient, it is alarming to witness how easy it is for prescription drug ads, like the most recent Hims and Hers commercial aired during the Super Bowl, to widely promote misinformation. We deserve more transparency. Young adult patients are exposed to misinformation not only on TV ads but also all over various social media platforms,” said Peyton Miles, co-chair of the Health Policy Lab at Generation Patient.

“We at Generation Patient are thrilled to see Senator Durbin and Senator Marshall’s reintroduction of the Protecting Patients Against Deceptive Drug Ads Act. Young adult patients already face enough challenges in managing their health -  they shouldn’t also be forced to combat widespread misinformation about drug safety, efficacy, and price.” 

Why This Matters

  • 90% of teens and young adults rely on social media for health information, yet platforms are flooded with ads promoting off-label drug uses and omitting critical safety data.

  • Telehealth prescriptions for weight-loss drugs like Ozempic and Wegovy have surged, often without proper medical oversight or disclosure of risks.  

  • A 2024 report found that approximately 1 in 3 drug promotions on TikTok contained false or misleading claims about efficacy or side effects.  

Generation Patient urges Congress to prioritize swift passage of this bill. Patients deserve transparency, not exploitation.

Contact sneha@generationpatient.org for more information.