HBA-CCH H.C.R. 39 77(R) BILL ANALYSIS Office of House Bill AnalysisH.C.R. 39 By: Najera Public Health 3/6/2001 Introduced BACKGROUND AND PURPOSE In recent years, the number of advertisements for prescription and over-the-counter drugs in newspapers, magazines, television commercials, and radio advertisements has grown tremendously. In 1998, pharmaceutical companies invested an estimated 1.3 billion in direct-to-consumer advertising. Current law requires pharmaceutical advertisements to be accurate, and the United States Food and Drug Administration (FDA) provides that prescription drug advertisements must include a summary of the product's indications, risks, and potential side effects. However, the FDA reviews advertisements only if the advertising company requests a review. Unfortunately, the information in drug advertisements is often not clearly printed or spoken. As a result, senior citizens may have a difficult time understanding the information. Organizations that broadcast pharmaceutical advertisements should take responsibility for reviewing the advertisements. H.C.R. 39 requests radio and television stations in Texas to periodically review pharmaceutical advertisements, especially advertisements for prescription drugs, for compliance with federal law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.C.R. 39 requests radio and television stations in Texas to periodically review pharmaceutical advertisements, especially advertisements for prescription drugs, to ensure that an advertisement complies with federal law.