Sanders, King Introduce Bill to Ban Prescription Drug Ads

Sen. Bernie Sanders (I-Vt.), Ranking Member of the Senate Committee on Health, Education, Labor, and Pensions (HELP), and Sen. Angus King (I-Maine) today introduced the End Prescription Drug Ads Now Act, legislation that would ban prescription drug advertising on television, radio, print, digital platforms and social media. The bill would also answer Health and Human Services Secretary Robert F. Kennedy Jr.’s repeated calls to end prescription drug advertising, a position he promoted while campaigning for President Trump in 2024.

“The American people are sick and tired of greedy pharmaceutical companies spending billions of dollars on absurd TV commercials pushing their outrageously expensive prescription drugs,” Sanders said. “With the exception of New Zealand, the United States is the only country in the world where it is legal for pharmaceutical companies to advertise their drugs on television. It is time for us to end that international embarrassment. The American people don’t want to see misleading and deceptive prescription drug ads on television. They want us to take on the greed of the pharmaceutical industry and ban these bogus ads.”

“The widespread use of direct-to-consumer advertising by pharmaceutical companies drives up costs and doesn’t necessarily make patients healthier,” King said. “The End Prescription Drug Ads Now Act would prohibit direct-to-consumer advertising of pharmaceutical drugs to protect people. This bill is a great step to ensure that patients are getting the best information possible and from the right source: their providers and not biased advertisements.”

Last year, the 10 largest drug companies made more than $100 billion in profits while the pharmaceutical industry spent over $5 billion on television ads. Prescription drug commercials now account for more than 30% of commercial time on major networks’ evening news programs. In the first three months of this year, Big Pharma spent more than $725 million advertising just 10 drugs. Meanwhile, the American people pay, by far, the highest prices in the world for prescription drugs and one in four Americans cannot afford the costs of the medicine their doctors prescribe.

Banning direct-to-consumer pharmaceutical advertising is not a radical idea. In addition to Secretary Kennedy, the American Medical Association endorsed a ban a decade ago. Studies have shown that more than half of prescription drug ads are misleading or false, causing many Americans to underestimate the associated risks. Harvard researchers found that the majority of the most advertised drugs had little to no therapeutic benefit compared to existing prescription drugs. America’s seniors are particularly at risk of being misled as pharmaceutical companies strategically target them by pushing high-priced medications that may cause them harm.

For example, in 2010, Eli Lilly spent $205 million on direct-to-consumer ads and made $3.2 billion in sales for the antidepressant drug Cymbalta, despite Food and Drug Administration (FDA) findings that the company’s ads made unsupported and misleading claims of effectiveness and minimized its safety risks. Merck spent $300 million marketing the painkiller Vioxx and made $2.5 billion in sales, despite finding in 2000 that their product raised the risk of heart attacks and strokes. Dr. David Graham, a senior FDA official, testified in 2004 that Merck’s failure to stop selling Vioxx had resulted in as many as 55,000 unnecessary deaths from heart attacks and stroke.

Drug companies are also spending huge amounts of money on prescription drugs that cost, in some cases, more than ten times as much in the United States than other countries. In 2023, Novo Nordisk spent $263 million on direct-to-consumer ads for Wegovy and $208 million on ads for Ozempic. Today, Novo Nordisk charges nearly $1,000 a month for Ozempic in the United States, while this same exact drug can be purchased for just $59 in Germany, $71 in France, $122 in Denmark, and $155 in Canada. Novo Nordisk also charges Americans with obesity $1,349 a month for Wegovy while this same exact product can be purchased for just $92 in the United Kingdom, $137 in Germany, $186 in Denmark and $265 in Canada.

Joining Sanders and King as cosponsors of the legislation are Sens. Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.) and Dick Durbin (D-Ill).

Read the bill text here.

Read a summary of the bill here.