Read the full stored bill text
House
File
2010
-
Introduced
HOUSE
FILE
2010
BY
GEARHART
A
BILL
FOR
An
Act
relating
to
the
advertising
of
prescription
drugs
and
1
vaccines
and
providing
civil
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
1
cited
as
the
“Iowa
Pharmaceutical
Advertising
Transparency
and
2
Consumer
Protection
Act”.
3
Sec.
2.
NEW
SECTION
.
714.30
Pharmaceutical
advertising
——
4
restrictions.
5
1.
As
used
in
this
section,
unless
the
context
otherwise
6
requires:
7
a.
“Government-sponsored”
means
funded
in
whole
or
in
part
8
by
a
federal,
state,
local
government,
or
an
agency
thereof.
9
b.
“Pharmaceutical
company”
means
any
entity
that
10
manufactures,
markets,
distributes,
or
sells
prescription
11
drugs.
12
c.
“Prescription
drug”
means
the
same
as
defined
in
section
13
155A.3.
14
d.
“Television
advertisement”
means
any
video-based
15
advertisement
promoting
a
prescription
drug
or
vaccine,
16
broadcast
via
traditional
television
or
a
digital
streaming
17
platform.
18
2.
Beginning
January
1,
2027,
any
pharmaceutical
19
company-sponsored
television
advertisement
aired
in
this
state
20
must
comply
with
all
of
following:
21
a.
Clearly
and
audibly
state
the
average
retail
price
for
22
a
standard
thirty-day
supply
or
the
cost
of
a
full
course
of
23
treatment,
whichever
is
higher.
24
b.
Disclose
all
known
common
and
serious
side
effects
and
25
contraindications
associated
with
the
prescription
drug
or
26
vaccine,
in
plain
and
understandable
language
with
equal
visual
27
and
auditory
prominence.
28
c.
Not
be
aired
for
any
prescription
drug
until
at
least
29
twelve
months
have
passed
since
the
date
of
initial
approval
by
30
the
federal
food
and
drug
administration.
31
3.
Beginning
January
1,
2027,
any
government-sponsored
32
television
advertisement
aired
in
this
state
must
disclose
all
33
known
common
and
serious
side
effects
and
contraindications
34
associated
with
the
prescription
drug
or
vaccine,
in
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plain
and
understandable
language,
with
equal
visual
and
1
auditory
prominence.
This
requirement
applies
to
any
2
government-sponsored
television
advertisement
of
prescription
3
drugs
or
vaccines,
regardless
of
the
pharmaceutical
company
4
that
manufactures
the
prescription
drug
or
vaccine.
5
4.
A
violation
of
this
section
constitutes
an
unlawful
6
practice
pursuant
to
section
714.16,
and
the
attorney
general
7
has
all
the
powers
enumerated
in
that
section
to
enforce
the
8
provisions
of
this
section,
unless
otherwise
stated
in
this
9
section.
In
enforcing
the
provisions
of
this
section,
the
10
attorney
general
may
do
any
of
the
following:
11
a.
Notwithstanding
section
714.16,
subsection
7,
seek
an
12
assessment
by
a
district
court
of
civil
fines
not
exceeding
13
fifty
thousand
dollars
per
violation.
In
the
case
of
a
14
continuing
violation,
each
day
of
the
continuing
violation
15
constitutes
a
separate
violation.
16
b.
Request
that
a
district
court
order
a
cease
and
desist
or
17
other
injunctive
relief
as
appropriate.
18
c.
Publicly
disclose
violative
conduct
for
consumer
19
awareness
via
notice
or
post
on
the
attorney
general’s
internet
20
site.
21
5.
An
enforcement
action
taken
pursuant
to
this
section
22
shall
be
in
accordance
with
due
process
of
law
and
subject
to
23
appeal
to
the
district
court
pursuant
to
sections
17A.19
and
24
17A.20.
25
6.
The
attorney
general
may
adopt
rules
pursuant
to
chapter
26
17A
as
necessary
or
appropriate
to
implement
the
purposes
of
27
this
section.
28
7.
Any
moneys
collected
under
this
section,
including
29
civil
penalties,
costs,
attorney
fees,
or
amounts
which
30
are
specifically
directed,
shall
be
paid
into
the
consumer
31
education
and
litigation
fund
established
under
section
32
714.16C.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
creates
the
Iowa
pharmaceutical
advertising
2
transparency
and
consumer
protection
Act
in
new
Code
section
3
714.30,
and
provides
for
civil
penalties.
4
The
bill
provides
definitions
used
in
the
new
Code
section
5
including
“pharmaceutical
company”,
“television
advertisement”,
6
“prescription
drug”,
and
“government-sponsored”.
7
The
bill
provides
that,
beginning
on
January
1,
2027,
8
pharmaceutical
companies
are
prohibited
from
airing
on
9
television
in
Iowa
any
advertisement
for
prescription
drugs
or
10
vaccines
without
clearly
and
audibly
stating
the
highest
of
11
either
the
average
retail
price
for
a
standard
30-day
supply
12
or
the
cost
of
a
full
course
of
treatment.
Additionally,
13
pharmaceutical
companies
in
these
television
advertisements
14
must
disclose
all
known
common
and
serious
side
effects
and
15
contraindications
associated
with
the
prescription
drug
or
16
vaccine,
in
plain
and
understandable
language,
with
equal
17
visual
and
auditory
prominence.
The
bill
also
prohibits
18
pharmaceutical
companies
from
advertising
on
television
any
19
prescription
drug
until
one
year
after
its
approval
by
the
20
federal
food
and
drug
administration.
21
The
bill
further
provides
that,
beginning
on
January
1,
22
2027,
any
government-sponsored
television
advertisement
for
23
prescription
drugs
or
vaccines
aired
in
Iowa
must
disclose
all
24
known
common
and
serious
side
effects
and
contraindications
25
associated
with
the
prescription
drug
or
vaccine.
The
bill
26
specifies
that
this
disclosure
is
required
regardless
of
27
the
pharmaceutical
company
manufacturing
the
advertised
28
prescription
drug
or
vaccine.
29
A
violation
of
the
bill
constitutes
an
unlawful
practice
30
under
Code
section
714.16,
the
Iowa
consumer
fraud
Act,
which
31
allows
the
attorney
general
to
investigate,
issue
subpoenas,
32
recover
costs
of
court
action
and
any
investigations,
and
33
commence
civil
proceedings
against
a
person
found
to
have
34
committed
an
unlawful
practice.
The
bill
authorizes
the
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attorney
general
to
enforce
the
new
Code
section
using
the
1
same
powers
authorized
under
the
Iowa
consumer
fraud
Act,
2
unless
otherwise
stated
in
the
new
Code
section.
The
new
Code
3
section
specifies
particular
enforcement
actions
that
the
4
attorney
general
can
take
under
the
new
Code
section,
including
5
seeking
an
assessment
of
civil
fines
not
exceeding
$50,000
per
6
violation,
requesting
from
a
district
court
a
cease
and
desist
7
order
or
other
injunctive
relief
as
appropriate,
and
publicly
8
disclosing
violative
conduct
for
consumer
awareness.
For
the
9
purposes
of
the
new
Code
section,
each
day
of
any
continuing
10
violation
constitutes
a
separate
violation.
11
The
new
Code
section
provides
that
any
enforcement
action
12
taken
by
the
attorney
general
must
be
in
accordance
with
due
13
process
and
is
subject
to
appeal
to
the
Iowa
district
court.
14
The
attorney
general
may
adopt
rules
pursuant
to
Code
15
chapter
17A
as
necessary
or
appropriate
to
implement
the
new
16
Code
section.
17
The
bill
provides
that
any
moneys
collected,
including
18
civil
penalties,
costs,
attorney
fees,
or
amounts
which
are
19
specifically
directed
be
paid
into
to
the
consumer
protection
20
and
litigation
fund
established
in
Code
section
714.16C,
a
fund
21
administered
by
the
attorney
general
designated
for
consumer
22
litigation
and
education
purposes.
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