This 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.