United States 119th Congress Status: In Committee Bipartisan · 1 D · 1 R cosponsors

S 652 — Protecting Patients from Deceptive Drug Ads Act

Last action — Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text: CR S1129-1130)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 20, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 34% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Protecting Patients from Deceptive Drug Ads ActThis bill establishes civil penalties for false or misleading communications about prescription drugs by certain entities on social media. It also requires additional disclosures and reporting relating to drug advertisements on social media or via telehealth.The bill’s civil penalties apply when social media influencers or health care providers make communications regarding prescription drugs, using social media platforms, from which they financially benefit that (1) are made knowingly or recklessly and are false or inaccurate, or (2) fail to include the brief summary information (i.e., side effects, contraindications, effectiveness) required in drug advertisements. The Food and Drug Administration (FDA) must issue guidance and publish notice of such enforcement actions. The FDA may notify drug manufacturers when such communications fail to include the brief summary information.The bill also requires telehealth providers (i.e., entities that use telecommunications to bring together patients and drug prescribers or dispensers) to include the brief summary information in prescription drug advertisements.Also, payments from drug manufacturers to health care providers or social media influencers, or from health care providers to influencers, for communications promoting prescription drugs must be reported in accordance with anti-kickback laws for federal health care programs.Additionally, the FDA may conduct market surveillance regarding prescription drug promotion on social media, including analyzing communications and establishing a task force with the Federal Trade Commission.

Bill Text

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text: CR S1129-1130)

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 652 do?
Protecting Patients from Deceptive Drug Ads ActThis bill establishes civil penalties for false or misleading communications about prescription drugs by certain entities on social media. It also requires additional disclosures and reporting relating to drug advertisements on social media or via telehealth.The bill’s civil penalties apply when social media influencers or health care providers make communications regarding prescription drugs, using social media platforms, from which they financially benefit that (1) are made knowingly or recklessly and are false or inaccurate, or (2) fail to include the brief summary information (i.e., side effects, contraindications, effectiveness) required in drug advertisements. The Food and Drug Administration (FDA) must issue guidance and publish notice of such enforcement actions. The FDA may notify drug manufacturers when such communications fail to include the brief summary information.The bill also requires telehealth providers (i.e., entities that use telecommunications to bring together patients and drug prescribers or dispensers) to include the brief summary information in prescription drug advertisements.Also, payments from drug manufacturers to health care providers or social media influencers, or from health care providers to influencers, for communications promoting prescription drugs must be reported in accordance with anti-kickback laws for federal health care programs.Additionally, the FDA may conduct market surveillance regarding prescription drug promotion on social media, including analyzing communications and establishing a task force with the Federal Trade Commission.
Who sponsors S 652?
S 652 is sponsored by Durbin, Richard J. (Democratic) and Marshall, Roger (Republican).
What is the current status of S 652?
This bill is in committee in the Senate. Introduced February 20, 2025. It must pass committee before a floor vote.
Where can I track S 652?
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