Life Sciences

At least 27 proposed state laws to regulate Rx marketing, ads

Pharma Compliance Alert, April 4, 2007

So far this year, at least 27 states have proposed legislation requiring marketing disclosures, regulating DTC, or prohibiting prescription data from being sold for commercial uses, according to the National Conference of State Legislatures (NCSL). Last week, the NCSL published its latest tracking report of pharma-aimed state legislation that has been proposed so far this year.

According to the NCSL, more than 500 pharmaceutical bills and resolutions have been filed in 2007 legislative sessions so far, covering topics such as marketing and advertising, reusing or recycling prescriptions, discount and subsidy programs, and electronic prescribing.

Although marketing and advertising legislation has been introduced in 27 states, none of those had passed yet at press time, either by the legislature or into law.

Some of the proposed legislation includes:

  • Arizona: "Would require full disclose of prescription drug marketing costs and gifts to prescribers over $25."

  • Hawaii: "Would require prescription drug ads to meet federal standards, public disclosure of clinical trial information, and drug manufacturers to pay fees to Department of Health to fund a public education initiative on clinical trials and drug safety."

  • Illinois: "Would create a Prescription Drug Ethical Marketing Act that would require every manufacturer and labeler in the state to disclose the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefit provided in connection with detailing or promotional activities by the company, directly or through its pharmaceutical marketers, to any physician, or any other prescriber in the state."

  • Maine: "Would prohibit the use of false or misleading prescription drug advertisements in the State by prescription drug manufacturers and also prohibits the use of language recommending the public to ask physicians about the use of any prescription drug."

  • Massachusetts: "Would provide for the disclosure of certain gifts made by pharmaceutical companies."

  • New York: "Would require pharmaceutical drug manufacturers and wholesalers to annually report, for disclosure to the general public, all of its gifts to health care practitioners that prescribe drugs when such gifts have a certain value."

  • Texas: "Would require pharmaceutical companies and marketers to report gifts valued at $75 or more on an annual basis to the Department of State Health Services and require that agency to post all such reports online. Would include an administrative penalty of up to $10,000 for each failure to report. Effective date January 1, 2009."

    You can see the entire NCSL report on its Web site.

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