bill banning prescription drug ads aimed at the public

The text as introduced · 196 words

By: Frank
H.B. No. 4586

A BILL TO BE ENTITLED

AN ACT

relating to prohibited direct-to-consumer pharmaceutical

advertising; providing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 431, Health and Safety

Code, is amended by adding Section 431.118 to read as follows:

Sec. 431.118. PROHIBITED PHARMACEUTICAL ADVERTISING;

ADMINISTRATIVE PENALTY. (a) In this section, "direct-to-consumer

pharmaceutical advertising" means any promotional communication

targeting consumers including, but not limited to, television,

radio, print media, digital platforms, and social media, that

markets prescription drugs.

(b) No person or entity may engage in direct-to-consumer

pharmaceutical advertising within this state.

(c) The department may assess an administrative penalty

against a person or entity who violates this section or fails to

comply with a rule adopted under this section. The penalty may not

exceed $10,000 a day for each violation. Each day a violation

continues may be considered a separate violation. Except as

otherwise provided by rule, the department must comply with the

administrative penalty procedures described in Subchapter C.

(d) The executive commissioner may adopt rules as necessary

to implement this section.

SECTION 2. This Act takes effect September 1, 2025.