Oklahoma SB 771 was introduced at the end of January and referred to the Senate Health and Human Services Committee. The bill would prohibit certain direct-to-consumer advertising by pharmaceutical companies. “Direct-to-consumer pharmaceutical advertising” includes “any promotional communication targeting consumers including, but not limited to television, radio, print media, digital platforms, social media, and print and digital publications that markets prescription drugs.

The bill prohibits “direct to consumer advertising of prescription drugs,” which includes but is not limited to the following: (1) Broadcasting advertisements for prescription drugs via television, radio, online streaming services, billboards, email, text messaging, or social media; (2) Publishing advertisements for prescription drugs in print or digital publications distributed within Oklahoma; and (3) Targeting Oklahoma residents with prescription drug advertisements through digital or social media platforms. Although “broadcast” is not defined, it could be interpreted broadly to point of care marketing, medical publishers and healthcare journals “publishing advertisements… in print or digital publications” and “digital… platforms.”

The bill appears to exempt help-seeking “unbranded” advertisements related to public health campaigns that educate the public about medication, treatments, and health conditions, provided they are not promoting a specific pharmaceutical product, and communications about patient assistance programs. Each instance of a violation would result in a felony and fines up to $500,000.

CHC will continue to closely monitor this legislation. It is unclear how far this bill would move while still in the early stages. Even if this does not advance, healthcare marketers should expect to see other similar legislation appear in other states.

For more information, please contact Jim Potter, CHC Executive Director, at jpotter@cohealthcom.org.