Is the FDA Trying to Ban Direct-to-Consumer Drug Ads? @TheFederalistSociety
Is the FDA Trying to Ban Direct-to-Consumer Drug Ads?  @TheFederalistSociety
Uploaded April 2026 | Updated September 2026, 2 weeks ago
The Trump Administration has been exploring new ways to tighten requirements for direct-to-consumer advertisements for prescription drugs. In its recent budget proposal, the Food and Drug Administration is asking Congress for new powers to deem drugs misbranded if they lack "fair balance" or create a "misleading impression" about a drug's approved uses or efficacy. In recent months, FDA has sent letters to Novo Nordisk, Argenx, and Sobi concerning ads it termed false or misleading. While some argue that banning drug ads on TV and online will lower drug prices and address overprescription, critics point out these increased efforts may violate the First Amendment's protection of commercial speech. The Supreme Court held in 1976 that prescription drug advertisements are protected by the Constitution and it reaffirmed this principle again in 2011, underscoring that the government may not ban truthful, non-misleading ads. Is the FDA trying to regulate away ads that it can't outright ban? How do these efforts implicate patients and their access to healthcare information? Join a panel of experts as they explore the constitutional and policy questions raised by the FDA's crack down on direct-to-consumer drug ads.

Featuring:

Paul Avelar, Senior Attorney, Institute for Justice
Jeff Stier, Policy Advisor, Heartland Institute
(Moderator) Dan Troy, Managing Director, Berkeley Research Group


* * * * *

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Is the FDA Trying to Ban Direct-to-Consumer Drug Ads?Euclid at 100: The Past, Present, and Future of Zoning in AmericaPanel II: Federalism and Subsidiarity: Decentralizing Decisions and Balancing PowerExploring the Landscape of Military Law and Best Practices for JAGsAnonymity, Masking, and Civil Rights[LIVE] Are Secret Gender Transition Policies Unconstitutional? Mirabelli v. Bonta & Parental Rights[LIVE] Justice Alitos JurisprudenceForeign Influence Operations and National SecurityDr. Nicholas P. Cole at the Inaugural Legislative Branch Summit[LIVE] Did the Constitution Lay the Groundwork for Abolition?The Federalist’s Quill: A Mighty Tool—But Only If You Know How to Use It!Panel 4: Going Nuclear: European Decline and American Revival?
The Federalist Society |

Is the FDA Trying to Ban Direct-to-Consumer Drug Ads?

SHARE TO X SHARE TO REDDIT SHARE TO FACEBOOK WALLPAPER