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Transparency in Prescription Drug Advertising Act

H.R. 5894 · 116th Congress · Feb 13, 2020 · Lineage

A BILL

To direct the Secretary of Health and Human Services to issue guidance requiring the list prices of drugs to be included in advertisements for such drugs.

Section 1 Short title

This Act may be cited as the “Transparency in Prescription Drug Advertising Act”.

Sec. 2 Pricing transparency in drug advertising

(a)
In general— Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Commissioner of Food and Drugs and the Administrator of the Centers for Medicare & Medicaid Services, shall issue department-wide guidance requiring the list prices of drugs to be included, as appropriate, in all advertising of drugs, including by means of television, newspapers, the internet, or other media.
(b)
Enforcement; consistency— The guidance under subsection (a)—
(1)
shall include appropriate enforcement mechanisms for failure to make disclosures in accordance with the guidance; and
(2)
should be consistent with the regulation of the Centers for Medicare & Medicaid Services related to drug pricing transparency.