Lexology September 12, 2025
On September 9, 2025, the U.S. Food and Drug Administration (“FDA”) issued a Press Release announcing a “crackdown on deceptive drug advertising.” Concurrently, the U.S. Department of Health and Human Services (“HHS”) published a Fact Sheet with further detail on FDA’s reforms as well as a Press Release on potential FDA rulemaking. These statements came shortly after President Trump issued a Memorandum directing FDA and HHS to take “appropriate action” against misleading direct-to-consumer (“DTC”) prescription drug advertising. HHS Secretary Robert F. Kennedy, Jr. and others connected to the Make America Healthy Again (“MAHA”) movement have long criticized DTC drug advertising and supported restrictions or outright bans on such activity. This week’s coordinated announcements from FDA, HHS, and President Trump mark...
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