Senators re-up call to include prices in DTC drug ads

Senators re-up call to include prices in DTC drug ads

A squadron of senators is once again putting forward a proposal to boost price transparency in direct-to-consumer pharmaceutical advertising.

The latest attempt is spearheaded by Sens. Dick Durbin (D-Ill.) and Chuck Grassley (R-Iowa), who have introduced similar bills several times in recent years, including with the passage of an amendment in the Senate in 2018.

As with previous proposals, the 2025 version of the Drug-price Transparency for Consumers Act calls for price disclosures to be added to all advertisements for prescription drugs, which its backers say would “empower patients and reduce Americans’ colossal spending on medications,” according to a recent release from Durbin unveiling the bill.

The release highlighted data showing that drugs advertised directly to consumers “accounted for 58 percent of Medicare’s spending on drugs between 2016 and 2018” and that, according to a 2023 study, “two-thirds of advertised drugs offered ‘low therapeutic value.’”

It went on to suggest that DTC drug ads, the subject of billions of dollars in spending by pharmas every year, “steer patients to more expensive drugs, even when a patient may not need the medication or a lower-cost generic is available,” and pointed out that such ads are only legal in the U.S. and New Zealand.

“Pharmaceutical advertising is a uniquely American phenomenon that contributes to the astronomical cost of prescription drugs,” Durbin said. “With billions of dollars in targeted spending, patients are bombarded with commercials for the latest ‘wonder-drug’ but kept in the dark about one crucial factor—price.”

He continued, “This practice of pushing patients toward the most expensive drugs drives up the cost of health care while undermining the role of doctors. A healthy dose of transparency is the prescription Big Pharma needs.”

Grassley added in a statement that such transparency “is a no-nonsense way to empower health care consumers to make informed decisions about their care. It also spurs competition, which leads to lower prescription drug costs.”

During Wednesday’s confirmation hearing for Robert F. Kennedy, President Donald Trump’s nominee to run the Department of Health and Human Services, Grassley made a point of requesting Kennedy’s support for the bill if he’s confirmed.

Joining the duo in sponsoring the bill are Sens. Angus King (I-Maine), Joni Ernst (R-Iowa), Tina Smith (D-Minn.), Peter Welch (D-Vt.), Richard Blumenthal (D-Conn.), and Tammy Baldwin (D-Wis.).

Durbin, Grassley and other legislators have introduced nearly identical bills in 2023, 2021 and 2019. In 2018, the duo earned approval for an amendment to a spending bill that would’ve forced pharmas to disclose drug prices in ads; the amendment was stripped from the bill a month later when it went to the House of Representatives for approval.

That same year, Trump, then in his first term, included a matching proposal in his administration’s drug-pricing agenda. The rule was finalized in May 2019 and scheduled to take effect that July but was struck down by a federal judge a day before the go-live date.