House Bill Would Limit Ads for ED Treatments

A bill recently introduced in the House would significantly curtail the times that drugmakers could promote erectile dysfunction (ED) products over the airwaves -- a proposal that may indicate a growing discontent with the pharmaceutical industry's use of direct-to-consumer (DTC) advertising.

The "Families for ED Advertising Decency Act," H.R. 1420, introduced by Rep. Jim Moran (D-Va.), would ban ads for ED drugs between the hours of 6 a.m. and 10 p.m. on network television and radio. "Television has become saturated with commercials marketing the leading erectile dysfunction drugs," Moran said in a statement. "You can hardly watch prime time television or a major sporting event with your family without ads warning of the dangers of a 'four hour experience' airing every 10 minutes."

Moran noted that ED products -- Pfizer's Viagra (sildenafil citrate), Eli Lilly's Cialis (tadalafil) and GlaxoSmithKline's and Bayer's Levitra (vardenafil HCl) -- will be covered under the Medicare prescription drug benefit. "That means the taxpayers will be helping to subsidize these offensive ED ads," Moran said.

Separate legislation introduced in the House, H.R. 575, would amend the Internal Revenue Code to deny firms the ability to deduct DTC marketing expenses from their taxes. The "Say No to Drug Ads Act," introduced by Rep. Jerrold Nadler (D-N.Y.), states that no tax deductions should be allowed for any amount paid or incurred for DTC consumer advertising of a prescription drug.