The United States and New Zealand stand alone among high-income nations in permitting direct-to-consumer (DTC) advertising of prescription drugs, and spending on these ads has surged in recent decades. Now, the Make America Health Again (MAHA) Commission, established in 2025, is scrutinizing these practices, particularly as they relate to children’s health.
MAHA Commission Targets Drug Marketing and Children’s Health
The new strategy aims to increase oversight of pharmaceutical marketing, including ads on social media, and limit unhealthy food marketing to children.
- The MAHA Commission is proposing increased oversight of direct-to-consumer prescription drug advertising by the FDA, HHS, FTC, and Department of Justice.
- The commission’s report highlights concerns about misleading advertising, particularly on social media and telehealth platforms.
- Industry funding of continuing medical education (CME) is also under review, with a focus on transparency and minimizing undue influence.
- The strategy also addresses marketing of unhealthy foods to children, seeking guidelines to limit misleading claims.
In its recent “Make Our Children Healthy Again” report, the MAHA Commission outlined plans for increased enforcement of existing laws governing DTC advertising. The report states, “FDA, HHS, the Federal Trade Commission (FTC), and Department of Justice will increase oversight and enforcement under current authorities for violations of direct-to-consumer (DTC) prescription drug advertising laws. Egregious violations demonstrating harm from current practices will be prioritized, including by social media influencers and DTC telehealth companies (including dissemination of risk information and quality of life through misleading and deceptive advertising on social media and digital platforms).”
What are the potential benefits of direct-to-consumer pharmaceutical advertising? Studies suggest DTC ads can positively impact patient outcomes by encouraging individuals to actively participate in their healthcare, addressing underutilization of effective treatments, improving medication adherence, and fostering stronger doctor-patient relationships.
Transparency in Continuing Medical Education
Pharmaceutical companies significantly fund continuing medical education (CME) programs in the U.S., supporting widespread access to updates on therapies and standards of care. The MAHA Commission emphasizes the need for transparency in CME to ensure educational content remains evidence-based and free from commercial bias. Proposed reforms include clearer disclosure of sponsorship and a separation between marketing and educational activities.
The MAHA Commission’s recommendations could fundamentally alter how pharmaceutical companies engage with both consumers and healthcare professionals. Companies may need to invest more in unbiased, evidence-based educational initiatives, strengthen compliance programs to meet new transparency standards, and develop marketing strategies that prioritize scientific integrity alongside consumer awareness.
Beyond pharmaceutical marketing, the MAHA Strategy also targets the food industry. The strategy specifies that “HHS and FTC, along with other relevant agencies, will explore the development of potential industry guidelines to limit the direct marketing of certain unhealthy foods to children, including by evaluating the use of misleading claims and imagery.”
The legal, scientific, and regulatory ramifications of the MAHA Commission’s report will continue to unfold within the pharmaceutical and food industries.
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