Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2021 By: Deevers
AS INTRODUCED
An Act relating to pharmaceutical advertising;
stating findings and declarations; defining terms;
prohibiting certain direct-to-consumer advertising by
pharmaceutical companies; listing prohibited acts;
providing for enforcement; authorizing certain
cooperation; specifying effect of act; requiring
certain annual reporting; providing civil and
criminal penalties; making pharmaceutical companies
liable in certain civil actions; providing certain
exceptions; providing for noncodification; providing
for codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature of the State of Oklahoma finds and declares:
1. Direct-to-consumer (DTC) advertising exploits lay
understanding of medical science, using persuasive tactics that
compromise informed decision-making, underplay risks, and burden
physicians’ prescribing practices. Studies, including Food and Drug
Administration (FDA) reports, link DTC ads to increased adverse
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events and a twenty percent (20%) to thirty percent (30%) rise in
prescription requests;
2. Misleading DTC campaigns, such as those for OxyContin
(leading to Purdue Pharma’s $8.3 billion federal settlement in 2020
and $270 million Oklahoma settlement in 2019), Vioxx (Merck’s $4.85
billion settlement), and Zyprexa, have caused significant public
health harm;
3. Newly approved drugs advertised DTC may have unknown long-
term risks, exposing patients to harm;
4. The United States is one of only two countries permitting
DTC pharmaceutical advertising; prohibiting it aligns Oklahoma with
one hundred ninety-three other nations and models like the European
Union, advancing substantial government interests in public health
under commercial speech standards;
5. Advertising costs, often in hundreds of millions per drug,
inflate prices and burden patients and health systems;
6. DTC advertising pressures the doctor-patient relationship;
banning it fosters better communication and trust;
7. DTC prioritizes lifestyle drugs over essential ones,
distorting priorities; and
8. DTC promotes over-medicalization, favoring drugs over
alternatives like lifestyle changes.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9000 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Direct-to-consumer pharmaceutical advertising” refers to
any promotional communication targeting consumers, including but not
limited to via television, radio, print media, digital platforms,
social media, influencer marketing, sponsored content on podcasts,
AI-generated ads, or other emerging formats, that markets
prescription drugs; and
2. “Pharmaceutical company” refers to an entity involved in the
research, development, production, or distribution of prescription
drugs, including its affiliates, subsidiaries, or third-party
marketers acting on its behalf.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9001 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. No pharmaceutical company shall engage in direct-to-consumer
advertising of prescription drugs within this state or primarily
directed at or accessible by Oklahoma residents.
B. Prohibited activities include, but are not limited to:
1. Broadcasting advertisements for prescription drugs via
television, radio, online streaming services, billboards, email,
text messaging, or social media;
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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, including
via Internet protocol (IP) address geolocation, user data
collection, or ad placement algorithms.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9002 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The Attorney General shall have primary enforcement
authority under this act, with powers to issue cease-and-desist
orders, conduct investigations, seek civil injunctions, and refer
cases for criminal prosecution.
B. The Attorney General may cooperate with federal agencies,
including the Food and Drug Administration (FDA), by sharing
violation data and pursuing joint actions.
C. This act shall not preempt FDA-required risk disclosures,
federally mandated advertisements, or other federal requirements.
D. For violations involving interstate commerce, the state may
pursue enforcement through multi-state agreements or federal
channels.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9003 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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Pharmaceutical companies shall submit annual reports to the
Attorney General certifying compliance with this act or detailing
any advertising activities in this state. Pharmaceutical companies
who fail to report shall be subject to civil penalties.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9004 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Beginning on the effective date of this act and ending
January 1, 2027, violations of this act shall result in a warning by
the Attorney General. Effective January 1, 2027, violations of this
act shall be subject to tiered penalties:
1. For a first offense, a civil fine not exceeding Fifty
Thousand Dollars ($50,000.00) per instance;
2. For repeated offenses within two (2) years, a misdemeanor
punishable, upon conviction, by a fine not exceeding One Hundred
Thousand Dollars ($100,000.00) or by imprisonment in the county jail
for a term not exceeding one (1) year, or by both such fine and
imprisonment; and
3. For egregious or multiple repeated offenses, a felony
punishable, upon conviction, by a fine not exceeding Five Hundred
Thousand Dollars ($500,000.00) or by imprisonment in the custody of
the Department of Corrections for a term not exceeding five (5)
years, or by both such fine and imprisonment.
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B. Each instance of prohibited advertising shall constitute a
separate offense.
C. A pharmaceutical company shall be liable in a civil action
for any acts or omissions of the company related to the duties
imposed by this act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9005 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall not apply to:
1. Educational materials distributed by health care providers
directly to their patients;
2. Internal communications within health care organizations;
3. Communications required by federal or state law;
4. Advertisements related to public health campaigns that
educate the public about medication, treatments, and health
conditions, provided they are brand-neutral, evidence-based,
approved by a state health authority, and not promoting a specific
pharmaceutical product;
5. Advertisements that promote clinical trials or other
research opportunities related to prescription drugs, provided that
the advertisements comply with ethical and legal standards and are
not promoting the use of the drug outside of a controlled trial
setting;
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6. Advertisements that inform consumers about insurance
coverage for prescription drugs, such as coverage options through
Medicaid, Medicare, or private insurers, provided these
advertisements do not directly promote specific drugs or brands;
7. Advertisements or communications related to patient
assistance programs that provide financial support or subsidies for
individuals who are unable to afford their medications, provided
these communications focus solely on eligibility and access and are
not directly promoting a specific product’s efficacy or benefits;
8. Advertisements for over-the-counter drugs that have
transitioned from prescription status; or
9. Advertisements for treatments of rare diseases, where
direct-to-consumer communication aids awareness without mass
marketing risks, provided they are limited in scope and approved by
the State Board of Pharmacy.
SECTION 8. This act shall become effective July 1, 2026.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-3506 DC 1/15/2026 10:13:12 AM