Lexology September 26, 2025
The Trump Administration and the Department of Health and Human Services (“HHS”) recently announced a “crackdown” on direct-to-consumer (“DTC”) advertising of prescription drugs, resulting in over 100 “cease-and-desist” letters issued in a single day. This coincided with the Make America Healthy Again (“MAHA”) Commission’s release of its Make Our Children Healthy Again Strategy, which included a call for increased oversight and enforcement of alleged violations of DTC prescription drug advertising laws. On the same day, President Trump issued a memorandum ordering HHS to take “appropriate action to ensure transparency and accuracy in [DTC] prescription drug advertising,” including by increasing the amount of risk information to be provided in advertisements and ordering FDA to “take appropriate action to enforce the Federal...
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