Trump Administration Cracks Down on Pharmaceutical TV Ads, Mandating Greater Risk Disclosure

Washington D.C. – President Donald Trump signed a memorandum on September 9, 2025, directing federal agencies to increase transparency and accuracy in direct-to-consumer prescription drug advertising, a move that is expected to significantly alter how pharmaceutical companies market their products on television and social media. The action comes as Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., a vocal critic of current advertising practices, confirmed the president's initiative.

The executive action mandates stricter enforcement of existing regulations and aims to close a 1997 loophole that allowed drug companies to provide only brief overviews of side effects in broadcast ads, directing consumers to other sources for full risk information. HHS Secretary Kennedy stated, "The president just signed an executive order that's a historic change in the way that pharmaceutical advertising is done on television."

This directive empowers the Food and Drug Administration (FDA) to require more comprehensive disclosure of drug risks in advertisements. Following the announcement, the FDA initiated a crackdown, sending approximately 100 cease-and-desist letters and thousands of warning letters to pharmaceutical companies. The agency also plans to expand its oversight to social media, targeting influencers who promote drug products without proper disclosures.

Pharmaceutical companies spent over $5.15 billion on national TV ads in 2024, with nearly $3 billion in the first half of 2025 alone, making the healthcare and drug industry a top spender in television advertising. This new policy signals a significant shift in the regulatory landscape for an industry heavily reliant on direct-to-consumer marketing.

While the memorandum stops short of an outright ban, it aims to ensure that patients receive adequate safety information. Alex Schriver, Senior Vice President at Pharmaceutical Research and Manufacturers of America (PhRMA), defended current practices, stating that "truthful and non-misleading DTC advertising is protected under the First Amendment and has documented evidence of advancing patient awareness and engagement." The United States and New Zealand are currently the only two countries that permit direct-to-consumer pharmaceutical advertising.