
One of the bills, in the Senate, is a Democratic initiative and enjoys broad bipartisan support. It is the End Prescription Drug Ads Now Act, which would prohibit direct-to-consumer advertising and promotion of prescription drugs and biologics.
The other is a Republican initiative in Congress. It is the No Tax on Home Sales Act—H.R. 4327, according to which any profit from a home sale, no matter how large, would be tax-free if the home was a primary residence.
The Senate bill would only prohibit direct-to-consumer advertising of approved prescription pharmaceuticals and biologics, sparing medical devices, dietary supplements, cosmetics, over-the-counter drugs, compounded drugs, and other marketed but unapproved drugs.
Direct-to-consumer (DTC) advertising refers to the marketing and advertising of pharmaceutical products directly to consumers as patients, as opposed to targeting health professionals specifically. The term is primarily synonymous with the advertising of prescription medicines via mass media platforms—most commonly on television and in magazines, but also on online platforms. The bill defines DTC advertising as “any promotional communication targeting consumers, including through television, radio, print media, digital platforms, and social media, for purposes of marketing such a drug."
Separately, several Republican members of Congress, including Senator Josh Hawley (R-Mo.), introduced the No Handouts for Drug Advertisements Act, which would amend the Internal Revenue Code to prevent companies from deducting expenses relating to DTC advertising of prescription-only drugs in tax filings.
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