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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 771 By: Deevers
AS INTRODUCED
An Act relating to advertising; stating findings and
declarations; defining terms; prohibiting certain
direct-to-consumer advertising by pharmaceutical
companies; listing prohibited acts; creating felony
offense; providing exceptions; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion 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 has the potential to
exploit lay understanding of medical science, exposing the public to
persuasive marketing tactics that may compromise informed decision -
making, mislead consumers by underplaying risks, and cause undue
burden on physicians ’ prescribing practices; and
2. Past instances of misleading DTC pharmaceutical advertising
have resulted in immense harm to public health such as the
aggressive advertising campaigns for OxyContin, Vioxx, and Zyprexa.
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Purdue Pharma’s OxyContin advertising played a huge part in the
opioid addiction crisis and the company settled with the United
States Department of Justice for Eight Billion Three Hundred Million
Dollars ($8,300,000,000.00) for their role in 2020. In 2019, Purdue
settled with Oklahoma for Two Hundred Seventy Million Dollars
($270,000,000.00);
3. Newly approved medications advertis ed directly to consumers
may present unknown long -term risks, exposing patients to potential
harm, such as with the Vioxx debacle which resulted in Merck paying
Four Billion Eight Hundred Fifty Million Dollars ($4,850,000,000.00)
to end the lawsuits;
4. The United States is one of only two countries globally that
permits DTC pharmaceutical advertising. One hundred ninety-three
out of the world’s one hundred ninety-five countries do not permit
DTC pharmaceutical advertising. Prohibiting this practice woul d
align Oklahoma with the global norm;
5. The costs of advertising are frequently passed on to
consumers in a field where such advertising is not necessary, with
advertising budgets for some drugs in the hundreds of millions of
dollars, resulting in higher drug prices and imposing financial
burdens on patients and health care systems;
6. DTC advertising could compromise the integrity of the
doctor-patient relationship by creatin g improper pressure on doctors
to prescribe certain advertised medications. B anning DTC
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pharmaceutical advertising would encourage better communication and
trust between patients and their health care providers, fostering
informed and responsible medical decision-making;
7. DTC advertising often prioritizes the promotion of lifestyle
medications over essential, life -saving drugs, distorting health
care priorities; and
8. DTC advertising promotes the over -medicalization of common
conditions, often urging consumers to pursue pharmacological
solutions over alternative treatments or l ifestyle modifications.
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, television, radio, print media, digital pla tforms, and
social media, that markets prescription drugs; and
2. “Pharmaceutical companies” refers to entities involved in
the research, development, production, or distribution of
prescription drugs.
SECTION 3. NEW LAW A new sect ion 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:
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A. No pharmaceutical company shall engage in direct -to-consumer
advertising of prescription drugs within this state.
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;
2. Publishing advertisement s 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.
SECTION 4. NEW LAW A new se ction 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. Any individual or entity violating the provisions of this
act shall, upon conviction, be guilty of a felony.
B. A felony conviction under this act shall be punishable by a
fine not exceeding Five Hundred Thousand Dollars ($500,000.00) or
imprisonment in the custody of the Department of Corrections for a
term not exceeding five (5) years, or by both such fine and
imprisonment.
C. Each instance of prohibited advertising shall cons titute a
separate offense.
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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:
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 req uired by federal or state law;
4. Advertisements related to public health cam paigns that
educate the public about medication, treatments, and health
conditions, provided they are not promoting a specific
pharmaceutical product;
5. Advertisements that pro mote clinical trials or other
research opportunities related to prescription drugs, provided that
they comply with ethical and legal standards and are not promoting
the use of the drug outside of a controlled trial setting;
6. Advertisements that inform c onsumers about insurance
coverage for prescription drugs, such as coverage opt ions through
Medicaid, Medicare, or private insurers, provided these
advertisements do not directly promote specific drugs or brands; or
7. Advertisements or communications rela ted to patient
assistance programs that provide financial support or subsidies for
individuals who are unable to afford their medications, provided
these communications are not directly promoting a specific product.
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SECTION 6. This act shall become effective July 1, 2025.
SECTION 7. 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.
60-1-1438 DC 1/15/2025 3:32:32 PM