S.Amdt. 5801

SA 5801. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill S. 2, to provide for reconciliation pursuant to
title II of S. Con. Res. 33.; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON DIRECT-TO-CONSUMER DRUG ADVERTISING
OF DRUGS.

(a) In General.--Section 502 the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end
the following:
``(hh)(1) If it is a drug approved under section 505 or
licensed under section 351 of the Public Health Service Act,
and subject to section 503(b)(1), and the holder of the
approved application under section 505 or of the license
under such section 351 has conducted direct-to-consumer
advertising of the drug within the most recent 30-day period.
``(2) For purposes of this paragraph, the term `direct-to-
consumer advertising', with respect to a drug subject to
section 503(b)(1), means any promotional communication
targeting consumers, including through television, radio,
print media, digital platforms, and social media, for
purposes of marketing such a drug.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 30 days after the date of enactment of this
Act, and shall apply with respect to any drug approved under
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or licensed under section 351 of the Public
Health Service Act (42 U.S.C. 262), regardless of when the
drug was approved or licensed.
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