HB 24-15: Drug Advertisements Regulation Act (Passed)

[Fmr. Representative Encke]

Yeah, I'm confused about that term as well. There is a grand total of one search result for that specific term in Google, and it's a sewage treatment report from Haiti.

Tack wrote the bill and modeled it after Spanish legislation so perhaps there's something being lost in translation here.

[Fmr. Representative Encke]

The amendment looks fine.

But don't we already have legislation like this in the US? Every time I see a drug advertisement on TV, I see these sorts of disclaimers (e.g. stating that the product is a drug). Just want to make sure that we aren't unnecessarily rewording or overwriting existing legislation that may actually be more comprehensive than the material covered in this bill.

[Fmr. Representative Encke]

Some other things:

What are the penalties for not complying with the legislation?

How is it determined whether actors have "consumed the drug by themselves under medical suggestions?"

What is meant by "scientific denomination(s) of the drug?" Is this referring to the chemical composition? Or is it referring to the generic/non-proprietary name? As an example, (RS)-2-(4-(2-methylpropyl)phenyl)propanoic acid is an example of the chemical name, and 'ibuprofen' is the general name (note that this is not the same as the brand name). If the bill's intention is for the chemical composition to appear in the commercial, I highly doubt that this would provide the average viewer with any useful information.

I also don't see the point of requiring advertisements to provide all information necessary for correct usage of the drug. Do we think people are watching commercials and writing down the usage instructions?

[Fmr. Representative Encke]

Nay.

Said this earlier, but these regulations are more restrictive than I think is necessary. These advertisements exist to inform people that a drug exists to treat X condition, not to inform people exactly how to take the drug (stuff that the average person wouldn't understand or care about when they first hear about the drug). The important things (listing important risks and side effects, for instance) are already covered in present regulations.