RFK is about to announce a ban on pharmaceutical to consumer advertising. Without DTC, can your agency survive?

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Some of us work in Canada. We can’t say anything to consumers about prescription drugs anyway.
Let us know if you’d like a tissue or a shoulder. Or a job, if your agency doesn’t survive.

likefunnyhelpful

Will happily move for an art sup position

First Amendment Protections: Courts have historically found that commercial speech, which includes pharmaceutical advertisements, is protected by the First Amendment. Any attempt to ban or significantly restrict these ads would likely face legal challenges on these grounds.
Previous Attempts Failed: Past attempts to regulate DTC advertising, such as the Trump Administration's attempt to require price disclosures, have been blocked by the courts.
FDA Authority: While the FDA regulates the content of these ads, federal law does not generally allow them to require pre-approval. Their authority is focused on ensuring ads are truthful and not misleading.
No Federal Ban Exists: There is currently no federal law banning DTC advertising of prescription

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The notion that he has the power is delusional. At most expect more aggressive regulation.

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Brought to you by Pfizer.

funnylike

It's all going to get de-regulated so people can sell more of the random 'natural' stuff the MAHA people are into. Less government, more freedom they'll say

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TBH I think the goal is to deregulate the stuff that doesn't work while making it impossible for real medicine to function.

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Most of the world doesn’t have it and survives, but my theory is that there’s easier access to higher learning outside of the US. And no, don’t report me on that but it’s a known thing that in the US, patients need to advocate for themselves so need the easy info, and in Europe etc, the HCPs advocate more for their patients.

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No, CD2. I'm saying that if someone has an illness they don't understand, that isn't the fault of pharmaceutical advertising, anymore than someone who eats McDonalds every day and becomes obese can blame the McDonalds commercials. What I'm saying is the fact that most of the world doesn't have it and survives isn't a reason to ban it here.

Can’t wait for the lobbyists to get involved—between all of the media dollars that are helping to keep Broadcast channels alive and all of the Big Pharma lobbyists, grab some popcorn.

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Says who?

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He says he wants to ban ads on TV, which was tried and shot down on 1st amendment rights

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LOL He's "announced" this multiple times before he was even confirmed. It's the one EO Trump *didn't* sign. That's how powerful our clients' lobbyists are.

Beyond that, the HHS can't ban anything. Only Congress can, and, again...lobbyists. What he *can* do is what he's already done—try and muck up the plumbing.

likefunny

Bans like that need to go through the house and senate

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Exactly. Wasn’t trying to correct you in anyway but realized that it seemed that way. Wish they had an edit button!

Don’t get anxious for that.

The worst case scenario means we won’t be able to say the name of the drug or its claims. It would all the ads be repurposed to DSA ads—probably saying something like “talk to your doctor about options…”. Also, part of the budget repurposed for HCP comms or other sort of materials for DTCs: bigger investment in tools to help the journey, starting kits, and other stuff. Probably real branding advertising: trying to build a brand, not sell prescriptions.

Other countries have bans, and we all created and shared global campaigns with them - and industry survived there. Of course, the industry is not as big as here, but that’s bc 90% of the labs are here—even when they are not from here.

Again, not get anxious before it happens and we see how it gets reshaped. Not saying I agree or disagree with the bill - just saying stop getting anxious before anything happens.

likesmart

I’d actually like to do more DSA instead. That’s my favorite part of global work.

Insane. So many people learn about conditions, diseases, and possible treatments through DTC.

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Rx legal teams will come thru on top of lobbyist

DTC business will move upstream to DSE and market access

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