S.Amdt. 3611

SA 3611. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill H.R. 6147, making
appropriations for the Department of the Interior, environment, and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII of division C, insert
the following:
Sec. __.  The authority of the Secretary of Health and
Human Services to regulate direct-to-consumer advertising of
prescription drugs, pursuant to the authorities under
sections 502(n) and 503C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352(n), 353c), shall include the
authority to require such advertising to include an
appropriate

[[Page S5390]]

disclosure of pricing information with respect to such drugs.
The Secretary of Health and Human Services shall issue
regulations to implement this section. A drug that is
advertised to consumers without the information required by
this section or its implementing regulations shall be deemed
to be misbranded under section 502 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352).
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