It wasn’t until 1997 that the FDA opened the door for drug companies to advertise directly to Americans. Until then, the thinking was that patients should learn about medications from their doctors. Paula Span reports for the New York Times on the benefits and costs of allowing drug companies to advertise to Americans.
For almost 30 years, hundreds of millions of Americans have been bombarded by drug advertisements. Yes, they learn about the sexy and joyful ways that prescription drugs can ease pain and give them a new lease on life. But, there’s a lot more to the side effects of any given prescription drug and most of that is left unmentioned in the ads.
The FDA requires the drug companies to include side effects of drugs in their ads. And, they do. But, they report the side effects so quickly that it is near impossible to digest what’s being said or appreciate how harmful some of the possible side effects can be. Many of the ads are misleading, at best.
Moreover, the ads are never about low-cost generic drugs that can bring joy and comfort to people, even though in most instances generic alternatives work just as well as the brand-name drugs. Generic drugs are not profit centers for drug companies. Rather, the ads are about new pricey brand-name drugs.
The ads work! People ask their doctors about the drugs they see on television, radio and online in social media and, a lot of the time, their doctors prescribe them those drugs. No wonder that Novo Nordisk has spent about $180 million a year advertising Ozempic. And, all in, pharmaceutical companies spend $9 billion a year on ads. The ads drive up drug spending.
Older people are particular targets of the prescription drug companies, as they tend to have multiple health conditions, some of which can be treated with medications. When Medicare Part D drug coverage took effect in 2006, drug companies not only had a ready audience among older adults, the audience had a way to cover the cost of their drugs, at least in part.
The ads drive up health care spending significantly. They prompt people to go to their doctors for prescriptions, and they keep people visiting their doctors. But, are they helping people? Only the US and New Zealand appear to think so; every other developed country bans direct-to-consumer drug ads.
In the fall of 2025, the Trump administration weighed in to say that it was time to end the drug ads to consumers. HHS Secretary, RFK Jr. continues to take this position. And, the FDA has said that it was planning to tell the pharmaceutical companies to end 100 misleading drug ads.
Democrats in Congress agree with the administration that it is time to revert to pre-1997 drug ad policy. Some want drugs to be thoroughly evaluated before drug companies can promote them to consumers. Others, like Bernie Sanders, want them banned altogether.
But, the Citizens United Supreme Court ruling could protect the pharmaceutical companies’ corporate speech. And, online ads are hard to regulate. Furthermore, online prescriptions through doctors who have no meaningful treating relationship with consumers are the latest way pharmaceutical companies are promoting sales of their drugs.
Here’s more from Just Care:
- Drug ads drive up drug spending
- Don’t trust TV drug ads
- Drug ads should be banned, not required to include drug prices
- Will drug companies ever stop their misleading ads?
- 2026: Medicare drug coverage and costs
