Lexology September 12, 2025
The Trump administration’s “Make America Healthy Again” campaign has turned its attention to reining in what it sees as “skyrocket[ing]” levels of “misleading” prescription drug advertising.[1] On Tuesday, September 9, 2025, President Trump signed a memorandum directing Health and Human Services Secretary Robert F. Kennedy Jr. and FDA Commissioner Marty Makary to take appropriate action to “ensure transparency and accuracy in direct-to-consumer prescription drug advertising,” including by increasing the amount of information related to drug side effects contained in these advertisements.[2] As a consequence, the pharmaceutical industry should expect to see increased scrutiny of its direct-to-consumer advertising.
The administration’s critiques of prescription drug advertising date back to FDA guidance, issued in the late 1990s after public hearings on the topic,...
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