Senators Target False Prescriptions on Social Media

Bipartisan Bill Targets False Prescription Medication Marketing on Social Media

Introduction

Sens. Dick Durbin (D-Ill.) and Mike Braun (R-Ind.) have introduced a bipartisan bill aimed at addressing the sale and misleading promotion of prescription drugs by telehealth firms and social media influencers. The Protecting Patients from Deceptive Drug Ads Online Act seeks to impose civil penalties on those who make false or misleading claims regarding prescription drugs.

The Problem

False or misleading advertisements for prescription drugs can be harmful to patients. When patients are misled about the benefits or risks of a medication, they may ask their healthcare provider for a prescription that is not clinically appropriate or may not receive the best treatment for their condition. This can lead to negative health outcomes and increased healthcare costs.

The Bill

The Protecting Patients from Deceptive Drug Ads Online Act would impose civil penalties on social media influencers or healthcare providers who make false or misleading claims regarding prescription drugs. The bill defines false or misleading communications as those made on social media where:

• The person or entity making the claim benefits financially from the claim
• The claim does not include information about possible side effects or interactions
• The claim lacks statements backed by medical research or describes the person’s own personal experience

Reporting Requirements

The bill would also enact reporting requirements on payments made by drug manufacturers to healthcare providers, telehealth firms, and social media influencers. This would help to ensure transparency and accountability in the marketing of prescription drugs.

Background

The need for this bill was spurred by reporting from The Wall Street Journal, which found that social media influencers and telehealth firms were making misleading claims about prescription drugs. In response, Sens. Durbin and Braun called on the Food and Drug Administration (FDA) to crack down on misleading social media ads for prescription drugs.

The FDA’s Role

The FDA regulates direct-to-consumer prescription drug advertisements distributed across television, radio, and print. However, the agency has faced criticisms for not paying the same level of attention to advertisements made on websites and social media platforms. Sens. Durbin and Braun have argued that the FDA’s guidance on drug promotion over social media has not been updated in a decade.

Consequences of Misleading Ads

Studies have shown that patients are more likely to ask their healthcare provider for a particular medication and to receive a prescription if they have seen a direct-to-consumer advertisement for the drug. This can lead to inflated demand for medications that may not be clinically appropriate or for which alternative interventions may be available.

Conclusion

The Protecting Patients from Deceptive Drug Ads Online Act is an important step towards protecting patients from misleading marketing practices. By imposing civil penalties on those who make false or misleading claims and requiring transparency in payments made to healthcare providers and influencers, this bill aims to promote a safer and more informed healthcare system.

FAQs

Q: What is the purpose of the Protecting Patients from Deceptive Drug Ads Online Act?
A: The bill aims to address the sale and misleading promotion of prescription drugs by telehealth firms and social media influencers.

Q: What defines a false or misleading claim under the bill?
A: False or misleading communications are those made on social media where the person or entity making the claim benefits financially from the claim, the claim does not include information about possible side effects or interactions, and the claim lacks statements backed by medical research or describes the person’s own personal experience.

Q: What are the reporting requirements under the bill?
A: The bill would enact reporting requirements on payments made by drug manufacturers to healthcare providers, telehealth firms, and social media influencers.

Q: Why is this bill necessary?
A: The need for this bill was spurred by reporting from The Wall Street Journal, which found that social media influencers and telehealth firms were making misleading claims about prescription drugs. The FDA has also faced criticisms for not paying sufficient attention to advertisements made on websites and social media platforms.