Relating to the advertising of prescription drugs and vaccines and providing civil penalties

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.30, and provides for civil penalties. The bill provides definitions used in the new Code section including “pharmaceutical company”, “television advertisement”, “prescription drug”, and “government-sponsored”. The bill provides that, beginning on January 1, 2027, pharmaceutical companies are prohibited from airing on television in Iowa any advertisement for prescription drugs or vaccines without clearly and audibly stating the highest of either the average retail price for a standard 30-day supply or the cost of a full course of treatment. Additionally, pharmaceutical companies in these television advertisements must disclose all known common and serious side effects and contraindications associated with the prescription drug or vaccine, in plain and understandable language, with equal visual and auditory prominence. The bill also prohibits pharmaceutical companies from advertising on television any prescription drug until one year after its approval by the federal food and drug administration. The bill further provides that, beginning on January 1, 2027, any government-sponsored television advertisement for prescription drugs or vaccines aired in Iowa must disclose all known common and serious side effects and contraindications associated with the prescription drug or vaccine. The bill specifies that this disclosure is required regardless of the pharmaceutical company manufacturing the advertised prescription drug or vaccine.16, the Iowa consumer fraud Act, which allows the attorney general to investigate, issue subpoenas, recover costs of court action and any investigations, and commence civil proceedings against a person found to have committed an unlawful practice. The bill authorizes the attorney general to enforce the new Code section using the same powers authorized under the Iowa consumer fraud Act, unless otherwise stated in the new Code section. The new Code section specifies particular enforcement actions that the attorney general can take under the new Code section, including seeking an assessment of civil fines not exceeding $50,000 per violation, requesting from a district court a cease and desist order or other injunctive relief as appropriate, and publicly disclosing violative conduct for consumer awareness. For the purposes of the new Code section, each day of any continuing violation constitutes a separate violation. The new Code section provides that any enforcement action taken by the attorney general must be in accordance with due process and is subject to appeal to the Iowa district court. The attorney general may adopt rules pursuant to Code chapter 17A as necessary or appropriate to implement the new Code section.16C, a fund administered by the attorney general designated for consumer litigation and education purposes.