HHS, FDA to crack down on drug ads

HHS and the FDA are taking measures to crack down on misleading pharmaceutical advertisements, including digital and broadcast drug ads. 

The FDA is sending roughly 100 cease-and-desist letters and thousands of warning letters to drug companies, citing “widespread violations” and deceptive marketing practices, according to a Sept. 9 news release from the FDA. 

The agencies are also beginning a rule-making process to eliminate a provision from 1997 that has allowed companies to exclude key safety information from ads. They also said they plan to use new surveillance tools, including AI, to monitor advertising more aggressively and enforce existing regulations. 

Although federal law requires drug ads to include accurate information about risks and benefits, enforcement has declined, the release said. The FDA sent more than 100 warning letters annually in past decades, but issued only one in 2023 and none in 2024. 

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