New Drug Ad Regs Could Lead to a Less-Informed Public

Direct-to-consumer (DTC) advertising for prescription drugs faces a major regulatory overhaul that could transform pharmaceutical marketing and patient engagement.

The Trump administration and US Department of Health and Human Services (HHS) are considering eliminating the “adequate provision” rule, which allows abbreviated risk disclosures in broadcast advertisements. If finalized, these reforms would require full safety warnings in advertisements, potentially making them longer, costlier, and less appealing for broadcasters. This could lead to a sharp decline in DTC advertising, reducing an information source that has been accessible to consumers and shaped shared decision-making since the 1980s.

Professor Punam Keller (Tuck School of Business, Dartmouth College) and Ceren Canal Aruoba explain why marketers and counsel must prepare for this shift; and outline implications for consumer health choices, physician–patient partnerships, and compliance obligations.

With heightened scrutiny and evolving legal standards, proactive compliance and innovation are essential to maintain trust and mitigate risk.