Health Affairs May 1, 2024
Patrick Masseo, Sherene Sharath

This past fall, ubiquitous Medicare Advantage ads on television, radio, social media, and across the internet looked a little different. Thanks to a recent Biden administration rule change targeting deceptive advertising, Medicare Advantage ads were required to be more transparent than in years past; the rule change included bans on misrepresenting insurance coverage details and misuse of government Medicare logos. In combination with the Inflation Reduction Act’s introduction of Medicare drug price negotiations, the Biden administration’s reform of Medicare Advantage ads introduced precedent for monitoring direct-to-consumer advertising (DTCA). Yet, there is still room for reform, regulation, and improvement.

The United States and New Zealand are the only industrialized and developed countries that permit DTCA of prescription drugs. Canada and the...

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