introduced the Protecting Patients from Deceptive Drug Ads Act, bipartisan legislation that would protect public health and close regulatory loopholes by having the Food and Drug Administration (FDA) address false and misleading prescription drug promotions by social media influencers and telehealth companies.
Support and work to pass legislation requiring the FDA to pre-review certain direct-to-consumer prescription drug advertisements, including those by social media influencers and telehealth companies, to prevent false and misleading promotions.
Occurrences
Senators Durbin and Marshall urged the FDA to use its existing authority under 21 U.S.C. 353c to require pre-submission of certain direct-to-consumer pharmaceutical advertisements before dissemination, aiming to prevent misleading promotions.
Evidence
Senators Dick Durbin (D-IL) and Mike Braun (R-IN) introduced bipartisan legislation to protect public health by having the FDA issue warning letters, followed by fines for noncompliance, to influencers and telehealth companies for deceptive and misleading promotions of prescription drugs.
Senators Durbin and Grassley issued a statement supporting the HHS rule requiring pharmaceutical companies to list prices of their prescription drugs in direct-to-consumer advertisements, aligning with their legislative efforts to mandate price disclosures.
Senator Durbin held a virtual news conference discussing bipartisan legislation he introduced to require price disclosures on advertisements for prescription drugs, aiming to address high medication costs.
Senator Durbin urged Congress to pass his bipartisan Drug-price Transparency in Communications (DTC) Act, which would require pharmaceutical companies to disclose the prices of their prescription drugs in direct-to-consumer advertisements.
Senators Durbin and Grassley released a statement following a GAO report highlighting the significant impact of direct-to-consumer drug advertisements on Medicare spending, reinforcing their push for legislation requiring price disclosures in such ads.
Senator Durbin delivered an opening statement at a Senate Judiciary Committee field hearing in Chicago, discussing the high price of prescription drugs and advocating for measures to reduce costs, including addressing direct-to-consumer advertising practices.
Senators Durbin and Marshall sent a letter to the FDA highlighting concerns about a Super Bowl advertisement promoting weight loss medications without disclosing safety or side effect information, urging the FDA to take action against misleading direct-to-consumer pharmaceutical advertisements.
Senators Durbin and Grassley sent a letter to PhRMA urging the organization to voluntarily disclose list prices in direct-to-consumer advertisements, emphasizing the importance of price transparency for consumers.
On March 31, 2026, Senators Durbin and Marshall urged the FDA to use its existing authority under 21 U.S.C. 353c to require pre-submission of certain direct-to-consumer pharmaceutical advertisements before dissemination, aiming to prevent misleading promotions.
On September 9, 2025, the FDA announced a crackdown on deceptive drug advertising, including issuing numerous warning and cease-and-desist letters to pharmaceutical companies for misleading direct-to-consumer advertisements.
In December 2025, Senators Durbin and Braun introduced the Protecting Patients from Deceptive Drug Ads Online Act, aiming to empower the FDA to regulate deceptive online promotions of prescription drugs by influencers and telehealth companies.
On February 7, 2025, Senator Durbin urged the FDA to address misleading pharmaceutical advertisements lacking safety disclosures, particularly those aired during high-profile events like the Super Bowl.
On October 29, 2024, Senator Durbin addressed prescription drug costs and the role of direct-to-consumer advertising in a Senate hearing, emphasizing the need for regulatory reforms.
On July 9, 2021, Senator Durbin introduced bipartisan legislation to mandate price disclosures in prescription drug advertisements, aiming to increase transparency for consumers.
On June 17, 2021, Senator Durbin emphasized the need for price disclosure legislation in drug ads following a GAO report on their impact on Medicare spending.
On November 13, 2019, Senator Durbin advocated for the passage of the DTC Act to mandate price disclosures in drug ads, aiming to provide consumers with transparent pricing information.
Senators Durbin and Marshall urged the FDA to exercise its authority to require pre-submission of certain direct-to-consumer pharmaceutical advertisements before they air, aiming to prevent misleading promotions.
The FDA, in its 2027 budget request, sought expanded authority to regulate drug ads lacking a balanced view of benefits and risks, citing a 2024 study that found only 33% of pharmaceutical social media ads mention potential harms.
Senators Durbin and Braun introduced bipartisan legislation to empower the FDA to address false and misleading prescription drug promotions by social media influencers and telehealth companies.
The FDA initiated enforcement actions against misleading drug advertisements, aligning with efforts to enhance oversight of pharmaceutical promotions.
Durbin and Marshall urged the FDA to address misleading pharmaceutical advertisements lacking safety disclosures, particularly those by telehealth companies.
Durbin called on PhRMA to voluntarily include price disclosures in drug advertisements to enhance transparency.
Durbin highlighted concerns about drug advertising's impact on costs and called for reforms during a Senate hearing.
Durbin introduced a bill requiring price disclosures in drug ads to enhance consumer transparency.
Sen. Durbin introduced S.5040 on 09/12/2024; the bill was read twice and referred to the Committee on Health, Education, Labor, and Pensions, with status listed as Introduced.
The bill text states it was introduced by Mr. Durbin (for himself and Mr. Braun) and was referred to committee; the measure was titled to provide for regulation of certain communications regarding prescription drugs.
Durbin said the bipartisan legislation would protect public health and close regulatory loopholes by having FDA address false and misleading prescription drug promotions by social media influencers and telehealth companies.
Durbin and Braun urged FDA to update enforcement tools to reflect current social media platforms and tactics used to promote prescription drugs and to prioritize protection from harmful and inaccurate medical advice.
Durbin and Marshall sent a bipartisan letter to FDA highlighting a misleading drug ad and stating that FDA may already have authority to take enforcement action against marketing that may mislead patients.
Durbin and Marshall asked FDA to use its existing authority to require certain DTC drug ads to be submitted for pre-review before airing; the release says FDA has never used that authority.
Sponsor: Sen. Durbin, Richard J. [D-IL] (Introduced 02/20/2025). Latest Action: Senate - 02/20/2025 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. This bill has the status Introduced. 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.
FDA reviews advertising and promotional materials for prescription drugs to ensure the content is not false or misleading. The transcript says that in most cases federal law does not allow FDA to require advanced review, although manufacturers must submit materials when they go public.
Congress.gov lists S.652 as introduced and referred to the Senate HELP Committee on 2025-02-20, with no later action shown on the bill page.
Durbin and Marshall again pressed FDA to pre-review certain DTC drug ads and said their bipartisan bill would close loopholes affecting social media influencers and telehealth companies.
Assessments
Durbin materially pursued the promise during the same federal Senate term: he co-introduced legislation targeting deceptive prescription drug promotions by social media influencers and telehealth companies, and he repeatedly urged FDA to use existing authority to require pre-submission review of certain direct-to-consumer drug ads. However, the evidence does not show that the promised legislation passed or that FDA implemented the requested pre-review regime. Because there was a serious legislative and oversight effort but the promised outcome was not delivered, this should be scored as never with an effort badge.
Durbin made serious same-term efforts closely matching the promise, including introducing bipartisan legislation targeting deceptive prescription drug promotions by social media influencers and telehealth companies and urging FDA to require pre-submission review for certain direct-to-consumer drug ads. However, the evidence does not show that legislation requiring FDA pre-review passed or that FDA began using that pre-review authority. FDA enforcement actions and Durbin's letters are meaningful advocacy but do not deliver the promised enacted requirement.
Durbin materially advanced the policy through same-term advocacy and legislation: he co-introduced the Protecting Patients from Deceptive Drug Ads Online Act targeting misleading prescription drug promotions by influencers and telehealth companies, and separately urged FDA to use existing authority to require pre-review of certain direct-to-consumer drug ads. However, the evidence does not show that legislation requiring FDA pre-review passed or that FDA implemented the requested pre-review regime. FDA enforcement actions and warning letters address related deceptive advertising concerns but do not fulfill the promised legislative pre-review requirement. This is a serious attempt without delivery.
Senator Durbin made multiple sustained legislative and advocacy efforts to fulfill the promise, including introducing relevant bills like the Protecting Patients from Deceptive Drug Ads Online Act, publicly urging the FDA, and holding hearings on the issue. However, there is no evidence these legislative proposals passed into law or that the FDA was formally granted the new statutory pre-review authority specified in the promise. Existing FDA crackdowns and enforcement were conducted within the agency's current limits, not as a result of newly granted pre-review powers. Therefore, the promise was advanced meaningfully but not fully delivered.
There is strong evidence that Senator Durbin made multiple legislative and executive efforts to advance policy aligning with the promise—requiring FDA pre-review or stricter oversight of direct-to-consumer prescription drug advertisements, including those by influencers and telehealth companies. Actions included introducing relevant bills, urging executive agencies (FDA) to act, and pushing for related price disclosure and transparency rules. However, no law or finalized policy mandating FDA pre-review of such advertisements has actually been enacted. Thus, the promise has not been fully delivered but sustained, significant effort is evident.
Senator Durbin has made multiple legislative and advocacy efforts to address false and misleading direct-to-consumer prescription drug advertisements, including introducing bipartisan legislation, urging the FDA to act, and pushing for industry reforms. However, there is no evidence that comprehensive legislation requiring the FDA to pre-review such advertisements has been enacted. While price disclosure and enforcement against misleading ads were pursued, the core promise of requiring FDA pre-review remains unmet. These efforts demonstrate significant and sustained action, but the promised policy has not become law.