Section 1 Short title
This Act may be cited as the “Protecting Americans from Drug Marketing Act”.
Protecting Americans from Drug Marketing Act
A BILL
To amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional expenses for prescription drugs.
Sec. 2 Disallowance of deduction for advertising and promotional expenses for prescription drugs
In general— Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section:
“280I. Disallowance of deduction for direct-to-consumer advertising of prescription drugs
“(a) In general—No deduction shall be allowed under this chapter for expenses relating to direct-to-consumer advertising of prescription drugs for any taxable year.
“(b) Direct-to-Consumer advertising—For purposes of this section, the term direct-to-consumer advertising means any dissemination, by or on behalf of a sponsor of a prescription drug product (as such term is defined in section 735(3) of the Federal Food, Drug, and Cosmetic Act), of an advertisement which—
“(1) is in regard to such prescription drug product, and
“(2) primarily targeted to the general public, including through—
“(A) publication in journals, magazines, other periodicals, and newspapers,
“(B) broadcasting through media such as radio, television, and telephone communication systems, and
“(C) dissemination on the Internet (including social media).”
Conforming amendment— The table of sections for such part IX of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 280H the following new item:
Effective date— The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.