Banning Misleading Drug Ads Act of 2022

Banning Misleading Drug Ads Act of 2022

This bill finalizes a 2010 proposed rule from the Food and Drug Administration (FDA) regarding television and radio prescription drug advertisements if the FDA does not otherwise issue a final rule within 180 days of the bill's enactment. (The proposed rule specifies standards for major statements about a drug's side effects in television and radio advertisements.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8289 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8289

 To require the Secretary of Health and Human Services to promulgate a 
  past due final rule with respect to direct-to-consumer prescription 
              drug advertisements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 5, 2022

Ms. Spanberger (for herself, Ms. Wild, Ms. Porter, Ms. Craig, and Mrs. 
    Axne) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Health and Human Services to promulgate a 
  past due final rule with respect to direct-to-consumer prescription 
              drug advertisements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Banning Misleading Drug Ads Act of 
2022''.

SEC. 2. PAST DUE FINAL RULE WITH RESPECT TO DIRECT-TO-CONSUMER 
              PRESCRIPTION DRUG ADVERTISEMENTS.

    (a) In General.--If, by the date that is 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services has 
not promulgated a final rule establishing the standards required by 
section 901(d)(3)(B) of the Food and Drug Administration Amendments Act 
of 2007 (Public Law 110-85), the proposed rule titled ``Direct-to-
Consumer Prescription Drug Advertisements; Presentation of the Major 
Statement in Television and Radio Advertisements in a Clear, 
Conspicuous, and Neutral Manner'' (75 Fed. Reg. 15376 et seq.; March 
29, 2010) is deemed to be a final rule and shall have effect beginning 
on such date.
    (b) Rule of Construction.--Nothing in subsection (a) may be 
construed to prohibit the Secretary from promulgating, pursuant to the 
rulemaking authority of the Secretary under any other provision of law, 
a change to, including a replacement of, the rule deemed to be a final 
rule under such subsection.
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