Texas House Bill HB4586

Texas 2025 - 89th Regular

• Filed: 3/12/25

Caption

Relating to prohibited direct-to-consumer pharmaceutical advertising; providing an administrative penalty.

Impact

The introduction of HB 4586 will lead to significant changes in how pharmaceutical companies engage with consumers in Texas. Specifically, the bill empowers the regulatory department to assess administrative penalties for any violations, which can reach up to $10,000 per day for each infraction. The administrative procedures for these penalties are aligned with existing measures the department employs to ensure compliance with health and safety regulations.

Summary

House Bill 4586 aims to prohibit direct-to-consumer pharmaceutical advertising across the state of Texas. The bill defines 'direct-to-consumer pharmaceutical advertising' as any promotional communication targeting consumers through various media, including television, radio, print, digital platforms, and social media. By establishing a ban on such advertising, the bill intends to protect consumers from potentially misleading or manipulative marketing practices related to prescription drugs.

Contention

As with many measures related to advertising and consumer rights, there may be points of contention surrounding HB 4586. Supporters of the bill argue that the prohibition of direct-to-consumer pharmaceutical advertising is a necessary step to enhance consumer protection and reduce instances of deceptive practices in marketing. Conversely, opponents might raise concerns regarding free speech implications, and the impact on informing consumers about available medications. Stakeholders in the pharmaceutical industry may also express apprehensions about limiting their ability to directly reach potential customers.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 431. Texas Food, Drug, And Cosmetic Act
  • Section: New Section