Protecting Patients from Deceptive Drug Ads Act

Increased Accountability for Misleading Information: Social media influencers or health care providers who make false or misleading communications regarding drugs for financial benefit will be liable to the United States for civil penalties. (Section 2(a)(1))

Enhanced Transparency of Drug Side Effects: The bill requires that promotional communications include a brief summary regarding side effects, contraindications, and effectiveness, similar to standard prescription drug advertisements. (Section 2(a)(2)(A)(i)(II))

Improved Market Oversight: The Secretary is authorized to conduct market surveillance, which includes using analytical tools and artificial intelligence to review promotional communications on social media. (Section 2(c)(1)(A))

Public Access to Enforcement Information: The Secretary must make publicly available on the FDA website notice of all enforcement actions taken regarding these communications. (Section 2(c)(4)(C))

Public Transparency of Payments: Payments made by drug manufacturers to influencers or health care providers (and vice versa) must be reported to the Secretary and made publicly available. (Section 2(b)(1))

Liability for Health Care Providers and Influencers: Individuals acting as social media influencers or health care providers may face civil penalties if their communications are determined to be false, misleading, or if they omit required information. (Section 2(a)(1))

Regulatory Burdens for Telehealth Providers: The bill expands the definition of "manufacturer, packer, or distributor" to include those who use electronic communications to bring potential patients together with prescribers, which impacts how they are regulated. (Section 2(a)(3)(A))