Topic
- Government Relations
- Legislation
On January 23, 2025, Oklahoma Sen. Dusty Deevers, (R-32) introduced SB 771, a bill that would prohibit certain direct-to-consumer advertising by pharmaceutical companies. The bill was introduced along with five other pieces of legislation as part of a policy platform to “Make Oklahoma Healthy Again Agenda”, a clear nod to the “Make America Healthy Again” agenda promoted by President Trump and Health and Human Services Secretary Robert F. Kennedy. Before his Senate confirmation, HHS Secretary Kennedy specifically expressed interest in banning DTC advertising for prescription drugs. As one example, during his presidential campaign in 2024, he posted on X, stating, “On my first day in office, I will sign an executive order to ban pharmaceutical advertisements on television.”
If the bill is enacted, OK SB 771 would take effect July 1, 2025. The author expresses urgency in the bill by declaring the issue is an emergency and that it is “immediately necessary for the preservation of the public peace, health or safety.”
“The dangers of direct-to-consumer pharmaceutical advertising have been well-documented in multiple public health crises,” Deevers said in a press release. He continued, “Aggressive marketing campaigns for opioid painkillers, such as OxyContin, played a pivotal role in fueling the opioid epidemic, leading to widespread addiction and countless deaths. Similarly, Vioxx, a pain reliever heavily promoted through television ads, was later pulled from the market after being linked to tens of thousands of fatal heart attacks. SB771 will ensure that medical decisions are merit-based and free from emotionally manipulative multi-million dollar marketing campaigns.”
More specifically, the bill prohibits “direct to consumer advertising of prescription drugs,” which includes but is not limited to the following: (1) Broadcasting advertisements for prescription drugs via television, radio, online streaming services, billboards, email, text messaging, or social media; (2) Publishing advertisements for prescription drugs in print or digital publications distributed within Oklahoma; and (3) Targeting Oklahoma residents with prescription drug advertisements through digital or social media platforms. Although “broadcast” is not defined, it could be interpreted broadly to point of care marketing, medical publishers and healthcare journals “publishing advertisements… in print or digital publications” and “digital… platforms.”
The bill appears to exempt help-seeking “unbranded” advertisements related to public health campaigns that educate the public about medication, treatments, and health conditions, provided they are not promoting a specific pharmaceutical product, and communications about patient assistance programs. Each instance of a violation would result in a felony and fines up to $500,000.
The 4A’s and its healthcare marketing-focused subsidiary, the Coalition for Healthcare Communications, will continue to closely monitor this legislation. It is unclear how far this bill would move while still in the early stages. Even if this does not advance, healthcare marketers should continue to expect the introduction of similar legislation in other states in the years ahead.
Pharmaceutical advertising has been an area of interest in other state legislatures this year including with similar proposals to ban DTC advertising in Connecticut (CT HB05270 and CT HB06062) and another to add a 10% sales and use tax to DTC pharmaceutical advertising in South Dakota (HB 1191.) The latter died in committee last month.
At the federal level, in the U.S. Senate, Sen. King’s (I-ME) the Responsibility in Drug Advertising Act was reintroduced this year as was S. 229- DTC Act of 2025; the latter bill differs from the former and OK SB 771 in that would require direct-to-consumer advertisements for prescription drugs and biological products to include drug list price information. Other related proposals floated in Congress last session include House and Senate companion bills to remove federal tax deductibility for DTC pharmaceutical advertising, the No Tax Breaks for Drug Ads Act. DTC ad tax deductibility is an area being actively monitored closely in light of ongoing 2025 tax reform negotiations.
Have questions about Oklahoma SB 771 or other state and federal proposals that impact pharma advertising? Please contact Amanda Anderson, 4A’s VP, Government Relations.
