TikTok + Touchdowns = Momentum

NIL deals and social media clout are now driving merch sales into the billions. One Nasdaq disruptor is first to align with a football dynasty and a commerce giant.

Trump's plan for a drug advertising crackdown faces many hurdles

MATTHEW PERRONE
September 10, 2025

WASHINGTON (AP) -- Health Secretary Robert F. Kennedy Jr. and other administration officials are vowing a crackdown on deceptive drug ads, but the effort is likely to face multiple headwinds, including pushback from industry and layoffs among regulators tasked with leading the effort.

President Donald Trump signed a memo Tuesday that directs the Food and Drug Administration and other agencies to step up enforcement against ubiquitous prescription drug ads on TV, websites and social media.

The industry's multibillion-dollar marketing efforts have long been a target for Kennedy, who previously suggested banning all pharmaceutical ads from TV. That step would have almost certainly been struck down by federal judges, who have long accepted advertising as a First Amendment-protected form of speech.

Instead, Trump's directive tells the FDA to use current laws to ensure "transparency and accuracy" in all ads.

But the FDA has long struggled to defend its actions against drug promotions in court. And reworking some of its key regulations -- including those governing TV advertising -- could take years.

Here's a look at the administration's plans and some of the hurdles that may lie ahead.

A promise for more FDA warnings after years of legal setbacks

The FDA kicked off its effort Tuesday evening saying it was issuing "thousands" of warnings to drugmakers over inaccurate or misleading ads.

But rather than individual notices citing specific violations, the FDA shared a generic letter that it sent to drugmakers, instructing them to bring "all promotional communications into compliance."

The form letter is different from typical FDA warning letters, which usually cite specific issues with company advertisements that run afoul of FDA rules and lay the groundwork for future legal action.

The FDA's press release noted that such warnings have fallen dramatically in recent years, with only one issued in 2023 and none in 2024.

Former FDA officials say that reflects two trends. First, the drug industry has abandoned many of the most egregious tactics deployed in the early 2000s, including the use of distracting sounds and visuals that often drew attention away from drug warnings and side effect information.

Additionally, the FDA has repeatedly settled legal cases challenging its authority to police drug promotions. The agency often declines to pursue such cases due to the risks of losing in court, which could create legal precedent eroding its power.

Looking ahead, recent Trump administration job cuts have slashed staffing in the FDA's drug advertising division, which handles warning letters.

A plan to curb TV ads could take a very long time

One major proposal by the administration involves reversing a nearly 30-year-old FDA rule.

Until the late 1990s, TV drug advertisements were impractical and prohibitively expensive because FDA regulations required drugmakers to list each medication's risks and side effects. A 1997 shift allowed companies to briefly summarize that information and point viewers to more complete information on websites, in print ads or elsewhere.

The FDA said this week it will begin the process to eliminate that practice, calling it a "loophole" used to "conceal critical safety risks."

But the FDA rulemaking process usually takes years -- sometimes more than a decade -- with multiple opportunities for public comment and revision.

For example, new guidelines finalized last year that require clearer and simpler language in drug ads took more than 15 years to develop and implement.

If the FDA tried to skip steps or rush, drugmakers could challenge the process in court.

For its part, the industry maintains that TV ads are a way to educate and empower consumers.

"Truthful and nonmisleading DTC advertising is protected under the First Amendment and has documented evidence of advancing patient awareness and engagement," PhRMA, the industry's leading trade group, said in a statement Wednesday.

Influencers and other newer promoters may be beyond FDA's reach

FDA Commissioner Marty Makary also suggested his agency will be more aggressive about policing ads on social media platforms like Instagram, where drugmakers often partner with patient influencers or doctors.

The agency has long struggled to oversee those promotions, because FDA advertising rules only apply to drug companies.

Social media influencers who are paid to endorse or promote products are supposed to clearly disclose that relationship. But that requirement is overseen by the Federal Trade Commission.

And in some cases, influencers aren't being paid by anyone: They promote products in hopes of landing future endorsement deals.

The FDA has also been under pressure to crack down on advertisements from newer specialty pharmacies and telehealth companies. A Super Bowl ad from one company drew scrutiny earlier this year for promoting unofficial versions of weight loss drugs, touting their benefits without listing any of the risks or side effects. Disclosing that information is an FDA requirement.

Companies that connect patients to so-called compounded drugs say they are not subject to FDA rules because they are not traditional drug manufacturers.

A Senate bill introduced last year would bring influencers and telehealth companies clearly under FDA's jurisdiction, requiring them to disclose risk and side effect information. But the legislation has not advanced or received a hearing.

___

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute's Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

Continue Reading...

Popular

SciSparc Stock Surges As It Launches Initiative To Advance Drug Discovery With Quantum Algorithms

SciSparc Ltd. (NASDAQ: SPRC) stock is surging on Thursday, with a session volume of 58.21 million compared to the average volume of 2.49 million as per data from Benzinga Pro.

Could You Use Some Instant Cash Upfront? - Ad

Millionaire trader Jeff Clark's #1 income strategy gives you the chance to collect instant cash payouts, as much as $100 to $1,000 upfront! The great part is you can collect these upfront cash payouts without owning a single stock.... Jeff's put all the details in a special briefing titled Infinite Income Manifesto.

IBM Stock Jumps 5% After Quantum Computing Breakthrough

Shares of International Business Machines Corporation (NASDAQ: IBM) are up Thursday after the company announced it reached a technological milestone in quantum computin

Donald Trump Calls For Soros To Be Imprisoned: 'He's A Bad Guy'

President Trump has advocated for the imprisonment of billionaire Democratic donor George Soros.

Why Wall Street Is Positioning for a Fallout - Ad

Something far more consequential for your money than tariffs is unfolding behind the scenes... Tucked inside this overlooked directive is a plan set to be executed for the first time in in U.S. history. One Stansberry Research's Senior Partner says it's set to trigger a rare window for potentially explosive gains in ONE asset immediately. (Not AI or crypto). Wall Street insiders are already positioning themselves... and he insists you should, too, before it's too late.

DocuSign Shares Are Trading Higher Friday: What's Going On?

DocuSign shares are trading higher Friday after the company reported better-than-expected second quarter financial results and raised its fiscal year 2026 sales guidance above estimates. Also, the company issued third quarter sales guidance above estimates.

Block CEO Jack Dorsey Invites Businesses Using Square PoS System To Test Bitcoin Payments Feature

Jack Dorsey, co-founder and CEO of Block Inc. (NYSE:XYZ), on Monday encouraged merchants using the company's Square platform to test Bitcoin (CRYPTO: BTC) payments.

Elon's $25 Trillion Confession - Ad

Elon Musk: "Tesla will become a $25 trillion company." That would make Tesla 8x bigger than Apple today. How is that possible? He admits it's all thanks to this one AI breakthrough that will take AI out of our computer screens and manifest a 250x boom here in the real world.

OpenAI To Mass-Produce 1st Proprietary AI Chip With Broadcom, Secures $10 Billion Deal: Report

OpenAI is set to begin mass production of its first proprietary artificial intelligence chip next year through a partnership with Broadcom.

We've Seen This Before... and It Didn't End Well - Ad

Strange events are unfolding in the global financial system. A monetary reset dubbed the "Mar-a-Lago Accord" is quietly in motion, and the financial elite are already taking protective action. If history is any guide, you could lose up to 40% of your wealth in the next two years. Move your money before it's too late.

New England's shrimp industry is struggling, with fishermen catching few in 2025

PORTLAND, Maine (AP) — There's an effort underway to bring New England shrimp back to seafood customers — but fishermen have found few of the crustaceans, and the fishing industry that harvests them may face an even longer shutdown.

Tesla China Sales Fall 10% To 57,152 Units In August, Marking 6th Decline In 2025

Tesla sales in China fell 9.93% in August amid lackluster global sales and Model Y L receiving 120,000 orders in China.

Powell Strikes Again - Next Rate Shock Looms October 28-29 - Ad

The Fed just cut rates by 0.25% - but this is no relief. It's the start of a dangerous cycle that could crush the dollar. With another Fed meeting looming Oct. 28-29, smart investors are already moving. See 3 urgent steps to protect yourself before it's too late.

China launches probes targeting US semiconductors ahead of Madrid trade talks

TAIPEI, Taiwan (AP) — China launched two probes targeting the U.S. semiconductor sector Saturday ahead of this week on trade, national security and the ownership of social media platform TikTok.

Bank Of America Strategist Sounds Alarm On Potential AI Stock Market Bubble: 'It Better Be Different This Time'

Bank of America strategist Michael Hartnett has voiced concerns about a possible bubble in the AI stock market. This comes in light of valuation metrics reaching historic highs.

[Revealed] Trump's Next AI Executive Orders? - Ad

A White House insider with direct ties to Trump's inner circle just revealed what he calls "Manhattan II" - a potential $2.2 trillion AI initiative set to launch as soon as Oct 15. He says this could mirror past U.S. projects that minted fortunes - with small firms soaring 5,000% to 10,000% over two decades. And now he's giving away his #1 stock pick for free before the deadline.

Three Junior Miners To Watch For Precious Metals Rally Catch-Up

Precious metals are up significantly this year, with gold and silver rising 39.16% and 42.17%. Junior mining firms have potential for big gains.

Internet entrepreneur Kim Dotcom's latest legal bid to halt deportation from New Zealand is rejected

WELLINGTON, New Zealand (AP) — A court has rejected the latest bid by internet entrepreneur Kim Dotcom to halt his deportation to the United States on charges related to his file-sharing website Megaupload.

Fanatics Hit $31B. This Nasdaq Company Is Building the Next Wave - Ad

Fanatics built a merch empire by owning the fan experience. But a $50M Nasdaq disruptor is updating their strategy for the social media generation. and they just locked in a game-changing college deal. Could this be retail's next big run?

FBI Finds John Bolton's Personal Email Was Breached By Foreign Entity

The personal email account of former National Security Adviser John Bolton was reportedly compromised by a foreign entity.

Trump Will 'Take Over The Fed,' Larry Kudlow Says

Jerome Powell is the Federal Reserve Chairman until May 2026. What comes after that is anyone's guess. Economist Larry Kudlow makes his predictions.

Oct 28-29: The Fed's Next Move Could Crush the Dollar - Ad

The Fed just cut rates by 0.25% - but this is no relief. It's the start of a dangerous cycle that could crush the dollar. With another Fed meeting looming Oct. 28-29, smart investors are already moving. See 3 urgent steps to protect yourself before it's too late.

China Bans Nvidia Chip Purchases For Major Tech Firms: NVDA Stock Falls In Wednesday Pre-Market

In a move to bolster its semiconductor independence and compete with the U.S., China has banned its leading technology companies from procuring Nvidia Corporation (NASDAQ: NVDA)'s artificial intelligence (AI) chips.

US official sees Greece as hub to boost American natural gas exports

ATHENS, Greece (AP) — A U.S. Cabinet official overseeing a planned expansion of natural gas exports to Europe said Thursday that could play a key role through its pipeline system that extends across the region.

Alabama Just Took Equity in a Retail Underdog - Ad

The Univ. of Alabama Athletics program is backing a tiny Nasdaq company-one that's rewriting the playbook. The last retail underdog to move like this? Fanatics and their $31B valuation.

Larry Ellison Called Cloud 'Complete Gibberish'—Now He's Building It For Elon Musk

Oracle CEO Larry Ellison once dismissed the concept as "complete gibberish," and it helped power him to become the world's second richest man.  

European Central Bank expected to keep rates on hold as economy weathers Trump's tariffs

FRANKFURT, Germany (AP) — Inflation is back under control, and the European economy is weathering Trump's tariff onslaught better than expected. Those are reasons the European Central Bank is expected to keep its benchmark interest rate unchanged Thursday.

TikTok + Touchdowns = Momentum - Ad

NIL deals and social media clout are now driving merch sales into the billions. One Nasdaq disruptor is first to align with a football dynasty and a commerce giant.

Australian bank ANZ agrees to pay record $160M penalty for corporate misconduct

MELBOURNE, Australia (AP) — One of Australia’s largest banks said Monday it agreed to pay a record 240 million Australian dollars ($160 million) in penalties for corporate misconduct affecting almost 65,000 customers and the federal government.

Putin says foreign troops deployed to Ukraine before any peace deal would be 'legitimate targets'

Russian President said Friday that any foreign troops deployed to Ukraine before a peace agreement has been signed would be considered “legitimate targets” by Moscow's forces.

Could You Use Some Instant Cash Upfront? - Ad

Millionaire trader Jeff Clark's #1 income strategy gives you the chance to collect instant cash payouts, as much as $100 to $1,000 upfront! The great part is you can collect these upfront cash payouts without owning a single stock.... Jeff's put all the details in a special briefing titled Infinite Income Manifesto.

Donald Trump Lauds Economic Success, Yet Public Sentiment Tells A Different Story

The U.S. economy, despite being hailed as robust by President Trump, has failed to win over the American voters.

Why Wall Street Is Positioning for a Fallout - Ad

Something far more consequential for your money than tariffs is unfolding behind the scenes... Tucked inside this overlooked directive is a plan set to be executed for the first time in in U.S. history. One Stansberry Research's Senior Partner says it's set to trigger a rare window for potentially explosive gains in ONE asset immediately. (Not AI or crypto). Wall Street insiders are already positioning themselves... and he insists you should, too, before it's too late.

Deal Dispatch: Noodles On The Menu, Giants Garner Billionaire Interest, Spirit Goes Broke Again

This week's deal economy: Safran and Noodles explore options, Giants attract the Koch's, Kelce beer scores $200M and Spirit is bankrupt again.

Trump's Tariffs, Wall Street's Fear Gauge And A Veteran Economist's Dire Warning: This Week In Economy

Markets kicked off September on shaky ground as tariffs, weak jobs data, and warnings of a global collapse rattled investor confidence and fueled volatility.

Elon's $25 Trillion Confession - Ad

Elon Musk: "Tesla will become a $25 trillion company." That would make Tesla 8x bigger than Apple today. How is that possible? He admits it's all thanks to this one AI breakthrough that will take AI out of our computer screens and manifest a 250x boom here in the real world.

Trending Now

Information, charts or examples are for illustration and educational purposes only and not for individualized investment management This message contains commercial elements, such as advertising. We only send these offers to those who have opted in to our newsletter. Past performance is not indicative of future results. For these reasons we strongly suggest trading in a DEMO/Simulated account. The information provided by us is for educational and informational purposes only. We make no representations or warranties concerning the products, practices or procedures of any company or entity mentioned or recommended and have not determined if the statements and opinions of the advertiser are accurate, correct or truthful. If you use, act upon or make decisions in reliance on information contained or any external source linked within it, you do so at your own peril and agree to hold us, our officers, directors, shareholders, affiliates and agents without fault.

Copyright markethundred.com
Privacy Policy | Terms of Service