Overview

• A presidential memorandum directs HHS and the FDA to ensure transparency and accuracy in direct-to-consumer drug advertising with immediate stepped-up enforcement.
• The FDA is sending about 100 cease-and-desist notices and thousands of warning letters after years of waning oversight that produced one enforcement letter in 2023 and none in 2024.
• Officials plan rulemaking to roll back the 1997 “adequate provision” standard so TV and digital ads disclose more side effects, a shift that could lengthen many spots.
• Oversight is expanding to social media platforms, paid influencers, online pharmacies and telehealth firms, with recent weight-loss promotions cited by officials as examples of deficient disclosures.
• PhRMA says truthful, non-misleading ads are protected speech and benefit patients, setting the stage for potential legal challenges and raising questions about impacts on broadcasters and digital ad markets.