S. 652: Protecting Patients from Deceptive Drug Ads Act

This bill establishes civil penalties for false or misleading communications about prescription drugs by certain entities on social media. It also requires additional disclosures and reporting relating to drug advertisements on social media or via telehealth.

The bill’s civil penalties apply when social media influencers or health care providers make communications regarding prescription drugs, using social media platforms, from which they financially benefit that (1) are made knowingly or recklessly and are false or inaccurate, or (2) fail to include the brief summary information (i.e., side effects, contraindications, effectiveness) required in drug advertisements. The Food and Drug Administration (FDA) must issue guidance and publish notice of such enforcement actions. The FDA may notify drug manufacturers when such communications fail to include the brief summary information.

The bill also requires telehealth providers (i.e., entities that use telecommunications to bring together patients and drug prescribers or dispensers) to include the brief summary information in prescription drug advertisements.

Written by the Congressional Research Service, Library of Congress.