Senators urge FDA to update 'decade-old' guidance on misleading social media drug ads
The proliferation of drug ads from telehealth companies on social-media platforms puts children and patients at risk, Sens. Dick Durbin (D-Ill) and Mike Braun (R-Ind) wrote in a letter to the FDA commissioner.
It’s time to update decade-old guidance for advertising prescription drugs by telehealth companies on social media, two senators wrote in a letter to the U.S. Food and Drug Administration.
Sens. Dick Durbin, D-Ill., and Mike Braun, R-Ind., asked in the letter whether the FDA would support legislation to close any possible regulatory gaps in its oversight of telehealth companies, if the agency believes such loopholes exist. The Wall Street Journal previously reported that many telehealth providers have argued they aren’t subject to FDA advertising rules because they don’t manufacture, pack or distribute drugs.
The letter cited a 2022 investigation by the Journal about a surge in misleading social media ads from telehealth companies during the pandemic. It previously had reported that about 20 telehealth companies in a four-week period ran more than 2,100 Facebook and Instagram ads that marketed the benefits of drugs without mentioning risks or clarifying whether testimonials came from actors or employees. Some telehealth employees and patients said such practices contributed to the abuse of controlled substances such as Adderall, a powerful stimulant used to treat ADHD.
The proliferation of drug advertisements on social media platforms puts children and patients at risk, the senators said. They urged the FDA to take additional action to police the promotion of drugs by paid influencers and celebrities who post videos on those platforms. The Journal investigation highlighted several such videos on TikTok, including one by an influencer promoting a worksheet on how to obtain an ADHD diagnosis.
The senators included a list of about a dozen questions related to prescription-drug advertising policies and requested that the FDA respond by March 27. The agency plans to respond directly to Durbin and Braun, a spokesperson said.
“The threats to children from misleading and unsubstantiated advertisements necessitate action,” the letter concluded. “You have called health misinformation and disinformation a leading cause of death in the United States — and it is time the FDA addresses this challenge.”
Related: Cracking down on health misinformation: The ‘most common cause of death’
Last month, tech company chief executives faced bipartisan criticism during a hearing of the Senate Judiciary Committee chaired by Durbin from senators who said the platforms should bear legal responsibility when children are hurt. The sessions included stories of mental-health struggles and sexual exploitation.