Drug ads face new scrutiny at FDA and on Hill
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By Peter Sullivan
Published on April 20, 2026.
The US and UK are the only countries that allow direct-to-consumer pharmaceutical advertising, which critics blame for promoting unnecessary drug use and increasing health costs. The Food and Drug Administration has requested Congress to give it authority to crack down on drug ads that lack "fair balance" on the benefits and risks of taking a product. The agency has already sent thousands of warnings to manufacturers over ads deemed "misleading" and moved to close a loophole allowing certain side effects to be listed on a linked website instead of in the ad. However, any policy changes likely face strong industry resistance and could clash with free speech concerns. There are legal questions about whether some of these measures would infringe on First Amendment free speech protections.
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