Trump Targets Stricter Rules on Pharmaceutical Advertising

Trump Administration Targets Prescription Drug Advertising

A Return to Old Rules

President Trump has directed his administration to revive a 1990s-era policy that would sharply curtail the advertising of prescription drugs on television. The decision, outlined in a White House memorandum, is expected to affect both pharmaceutical companies and television networks, which rely heavily on revenue from drug ads aimed at older viewers.

Health Secretary Robert F. Kennedy Jr., who has long pushed for stricter regulation of drug advertising, called the move essential to protect consumers. The policy would reverse a 1997 rule change that opened the floodgates to direct-to-consumer television ads for prescription drugs.

Pushback From Industry

The pharmaceutical industry, represented by its lobbying group PhRMA, has signaled opposition and is expected to challenge the change in court, arguing it violates free speech under the First Amendment. Past attempts to restrict drug advertising have faced similar legal hurdles.

Critics of the rollback, however, argue that such advertising has fueled overprescription and distorted public perceptions of health care. Dr. David Kessler, a former FDA commissioner, said the new approach would effectively remove prescription drug ads from TV altogether.

FDA Crackdown on Misleading Ads

In tandem with the policy shift, the FDA has begun ramping up enforcement against misleading advertising. Agency commissioner Dr. Marty Makary announced that about 100 warning letters would be sent to pharmaceutical companies and online pharmacies, targeting deceptive ads and undisclosed influencer promotions.

The FDA had slowed its oversight in recent years, issuing only a handful of warning letters annually compared to dozens a decade ago. The new initiative suggests a renewed effort to hold advertisers accountable.

Economic and Political Stakes

Restricting drug ads is likely to hit pharmaceutical profits and reduce advertising revenue for major broadcasters. At the same time, the administration is pressuring drugmakers to lower U.S. prices in line with international markets. Companies are also bracing for possible tariffs on imported medications, part of Trump’s broader economic strategy.

Kennedy has argued that drug advertising undermines journalistic independence by encouraging favorable media coverage and does little to improve public health. He notes that only the U.S. and New Zealand permit such extensive direct-to-consumer drug advertising among wealthy nations.

A Shift in Policy and Enforcement

The administration says the new rules would require ads to include comprehensive safety details, not just vague risk statements directing consumers to websites or brochures. This change, combined with stricter FDA enforcement, could significantly reshape how Americans encounter prescription drug marketing.

Industry consultants expect lawsuits to follow, with courts weighing whether decades of drug advertising have harmed public health enough to justify the restrictions. “After nearly three decades, the courts will want evidence,” said Bob Ehrlich, a veteran advisor to drug advertisers.