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Daily Caller

RFK’s Calls To Ban One Of Big Pharma’s Most Powerful Tools Rattle Drugmakers Despite Uncertain Political Prospects

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From the Daily Caller News Foundation

By Adam Pack

“The primary purpose of pharmaceutical advertising is not to influence consumers, but rather the television networks and news itself”

President-elect Donald Trump’s nomination of Robert F. Kennedy Jr. to helm the Department of Health and Human Services(HHS) is reportedly rattling drugmakers in light of Kennedy’s prior calls to ban pharmaceutical advertising.

If confirmed by the Senate to serve as HHS secretary, Kennedy could marshal the country’s public health agencies to implement his Make America Healthy Again (MAHA) priorities, leading one pharmaceutical industry observer to claim that Kennedy is likely to attempt a ban on direct-to-consumer (DTC) drug advertising. However, any attempt from Kennedy to crack down on pharmaceutical advertising would almost certainly be challenged by drugmakers on First Amendment grounds and may lack the support of Trump and Republican lawmakers who have so far refrained from commenting on Kennedy’s proposal.

“One of the things I’m going to advise Donald Trump to do in order to correct the chronic disease epidemic is to ban pharmaceutical advertising on TV,” Kennedy said to thunderous applause during a Tucker Carlson Live Tour event in Glendale, Arizona, on Oct. 31. “There’s only two countries in the world that allow pharmaceutical advertising on the airwaves. One of them is New Zealand and the other is us and we have the highest disease rate, and we buy more drugs and they’re more expensive than anywhere in the world.”

 

Spending on DTC pharmaceutical advertising in the United States ballooned to more than $7 billion in 2023, with ad buys  on weight loss and diabetes drugs surpassing $1 billion for the first time, according to analysis from MediaRadar.

‘Threat To The Public Good’ 

“Whilst we have a relatively benign view of RFK’s impact on the Pharma industry, one thing that does worry us is the potential for the U.S. government to ban DTC advertising of drugs,” United Kingdom-based research firm Intron Health wrote in a report excerpted by FiercePharma, a pharmaceutical industry-focused news outlet. “We see this as the biggest imminent threat from RFK and the new Trump administration.”

Kennedy could wield considerable influence over the second Trump administration’s approach to pharmaceutical advertising since the Food and Drug Administration (FDA) — the chief regulator of the pharmaceutical industry’s advertisements — is housed within HHS.

The Biden FDA issued new guidelines on DTC advertising that went into effect on May 20, requiring advertising to state drugs’ side effects and medication risks in a “clear, conspicuous, and neutral manner.” Kennedy called for a review of these guidelines in an op-ed in The Wall Street Journal published on Sept. 5.

During his run for president and as a Trump campaign surrogate, Kennedy claimed that media outlets who receive substantial ad revenue from pharmaceutical companies cannot report on Big Pharma with objectivity.

“The primary purpose of pharmaceutical advertising is not to influence consumers, but rather the television networks and news itself,” according to a statement on Kennedy’s website. “It gives Big Pharma the power to dictate what goes on the news — and what doesn’t — because the networks won’t bite the hand that feeds them.”

“Every other country in the world recognizes that pharma ads represent a threat to the public good,” Kennedy’s website also claims.

Kennedy’s concern that mainstream media has been co-opted by the pharmaceutical industry to buy news outlets’ silence on scrutinizing drugmakers in exchange for ad revenue has been embraced by influential voices in the MAHA movement and other Trump allies.

“The news ad spending from pharma is a public relations lobbying tactic, essentially to buy off the news,” Calley Means, a Kennedy advisor and MAHA advocate, told Tucker Carlson during an interview on Feb 2. “The news is not investigating pharma.”

“No advertising for pharma,” Elon Musk wrote on X on Nov. 19 in response to a post alleging a correlation between the growth of pharmaceutical advertising and rising media bias.

Dr. Jay Bhattacharya, Trump’s nominee to lead the National Institutes of Health, has also argued that media organizations that rake in pharmaceutical advertising revenue should face increased scrutiny when reporting on public health matters. Bhattacharya was notably blacklisted by Twitter before Musk bought the platform over his criticism of the medical establishment’s lockdown approach to the COVID-19 pandemic.

“Another argument against direct-to-consumer advertising by drug companies: Because of DTC ads, drug companies like Pfizer hold a vice grip on the editorial policies of conventional American media, which can ill afford to lose the advertising money,” Bhattacharya wrote on X on May 30, 2023.

 

Dr. Marty Mackary, Trump’s pick to lead the FDA, has not commented on Kennedy’s proposal nor allegations that the mainstream media has been corrupted by the pharmaceutical industry.

Ban Denies ‘Opportunity To Be Informed’

Although a ban on pharmaceutical advertising would put the U.S. more in line with the rest of the world, an attempted prohibition of the practice by the incoming Trump administration would likely infringe upon the First Amendment’s protection of “commercial speech,” according to Dr. Jeffrey Singer, a general surgeon and senior fellow at the libertarian-leaning Cato Institute.

“His calls to ban pharmaceutical advertising violate the First Amendment right to freely share and exchange information, including scientific information, and infringe on the individual right to self-medicate,” Singer wrote in a statement following Trump’s nomination of Kennedy to serve as HHS secretary.

Banning pharmaceutical advertising would also make Americans less informed about the availability of drugs and their side effects and widen the information gap between medical practitioners and patients, an apparent contradiction to Kennedy’s pledge to fight for Americans’ ability to question the medical establishment and do their own research, Singer told the Daily Caller News Foundation in an interview.

“On the one hand, RFK Jr. says — and I agree with him — that people need to be empowered. They need to do their own due diligence. We should be doing our own investigations,” Singer told the DCNF. “Well, how are you going to do that if you are barred from hearing what the pharmaceutical companies have to say about their medication, and its risks and benefits and side effects, which the FDA requires them to mention?”

“If you want an empowered population of adults to be able to do their own due diligence, you can’t block them from the information that a pharmaceutical [ad] is going to give them — especially when they’re [pharmaceutical companies] allowed to give it to healthcare practitioners,” Singer added. “Denying us the information actually denies us the opportunity to be informed.”

Uncertain Political Prospects

Kennedy’s call to ban pharmaceutical advertising is likely to face skepticism from Republican lawmakers who have traditionally preferred a deregulatory approach to the pharmaceutical industry. The current legislative effort to ban DTC pharmaceutical advertising in Congress has no support from Republican lawmakers.

“Sometimes when I hear his [Kennedy’s] agenda discussed, people are like ‘sounds great — he’s never going to do it’. There’s zero chance he’s going to be able to undo these conflicts of interests and the power of Big Ag and these Republican lawmakers who have a lot of big donors in these industries,” Megyn Kelly told Casey Means, during a Nov. 20 interview on her show about whether Kennedy’s MAHA priorities have enough support to be achieved during the next four years.

The pharmaceutical industry notably has roughly 1800 registered lobbyists in the United States, and industry PACs have doled out more than $15 million to candidates this year.

Trump tried to further regulate pharmaceutical advertising during his first administration by requiring DTC ads on television to include the list price for nearly all drugs covered by Medicare and Medicaid. Three large drugmakers filed suit in response and a federal judge struck down the regulation before it went into effect, ruling that HHS overstepped its authority to compel drugmakers to include their list prices in advertising.

Trump’s transition team did not respond to the DCNF’s inquiry about whether the president-elect supports Kennedy’s advocacy to crack down on pharmaceutical advertising.

The Pharmaceutical Research and Manufacturers of America, a trade association that lobbies on behalf of the pharmaceutical industry, declined to comment on Kennedy’s calls to ban pharmaceutical advertising.

A Kennedy spokesperson did not respond to the DCNF’s request for comment.

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Daily Caller

Trump’s One Big Beautiful Bill Resets The Energy Policy Playing Field

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From the Daily Caller News Foundation

By David Blackmon

Make no mistake about it, the One Big Beautiful Bill Act (OBBBA) signed into law on Friday by President Donald Trump falls neatly in line with the Trump energy and climate agenda. Despite complaints by critics of the deal that Majority Leader John Thune struck with Alaska Sen. Lisa Murkowski to soften the bill’s effort to end wind and solar subsidies from the Orwellian 2022 Inflation Reduction Act, the OBBBA continues – indeed, accelerates – the Trumpian energy revolution.

Leaders in the oil and gas industry, hamstrung at every opportunity by the Biden presidency, hailed the bill as a chance to move back into some semblance of boom times. Tim Stewart, President of the U.S. Oil and Gas Association, told his members in a memo that, “For the oil and gas industry, the bill…signals a transformative opportunity to enhance domestic production.”

API CEO Mike Sommers also praised the OBBBA as a positive step for his members: “This historic legislation will help usher in a new era of energy dominance by unlocking opportunities for investment, opening lease sales and expanding access to oil and natural gas development.

While leaders of organizations like those must curb their enthusiasm to some extent in their public statements, they and their peers must be somewhat amazed at how much real substantive change the thin GOP majorities shepherded by Thune and House Speaker Mike Johnson managed to stuff into this bill. This industry, historically an easily demonized bogeyman for Democrats and too often ignored by previous Republican presidents, does not experience days as encouraging as July 3 was in the nation’s capital.

Even so, many Republicans, especially in the House, remained unsatisfied by amendments the Senate made to the bill related to IRA subsidy rollbacks. To help Speaker Johnson hold the party’s narrow House majority together, President Trump committed the executive branch to strict enforcement of the new limitations, and promised the White House will work with congressional allies to move a major deregulation package ahead of the 2026 midterm elections.

But the OBBBA as passed is chock full of energy and environment-related provisions. FTI Consulting, a business consultancy with a major presence in Washington, DC, published a quick analysis Thursday that projects natural gas and nuclear as the biggest winners as the OBBBA’s impacts begin to take hold across the United States. Interestingly, the analysis also projects battery storage to expand more rapidly over the next five years even as wind and solar suffer from the phasing-out of their IRA subsidies.

The side deal struck by Thune and Murkowski is likely to result in significant new investment into wind and solar facilities as developers strive to get as many projects on the books as possible to meet the “commenced construction” requirement by the July 4, 2026 deadline. The bill’s previous language would have required projects to be placed into service by that time. But even that softer requirement will almost certainly cause a flow of capital investment out of wind and solar once that deadline passes, given the reality that many of their projects are not sustainable without constant flows of government subsidies.

What it all means is that the OBBBA, combined with all the administration’s prior moves to radically shift the direction of federal energy and climate policy away from intermittent energy and electric vehicles back to traditional forms of power generation and internal combustion cars, effectively reset the policy playing field back to 2019, prior to the COVID pandemic. That was a time when America had become as energy independent as it had been in well over half a century and was approaching the “Energy Dominance” position so dear to President Trump’s heart.

Trump’s signing of the OBBBA gives the oil and gas, nuclear, and even the coal industry a chance at a do over. It is an opportunity that comes with great pressure, both from government and the public, to perform. That means rapid expansion in gas power generation unseen in 20 years, rapid development of next generation nuclear, and even a probable chance to permit and build new coal capacity in the near future.

Second chances like this do not come around often. If these great industries fail to grab this brass ring and run with it, it may never come around again. Let’s go, folks.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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‘They Don’t Know What The F*ck They’re Doing’: Trump Unloads On Iran, Israel

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From the Daily Caller News Foundation

By Harold Hutchison

President Donald Trump expressed frustration Tuesday after Iran broke a ceasefire, prompting retaliation from Israel during a gaggle with reporters on the White House lawn.

Trump announced the ceasefire Monday, saying it was supposed to take effect at 1 a.m. Eastern Daylight Time, but Iran fired missiles at Israel Tuesday. Trump vented, saying the countries had been “fighting so long” they couldn’t make peace.

WATCH:

“You know, when I say okay, now you have 12 hours, you don’t go out in the first hour just drop everything you have on them,” Trump said. “So I’m not happy with them. I’m not happy with Iran either. But I’m really unhappy if Israel is going out this morning because the one rocket that didn’t land, that was shot, perhaps by mistake, that didn’t land, I’m not happy about that.”

“We basically have two countries that have been fighting so long and so hard, that they don’t know what the fuck they are doing,” Trump added.

The United States struck facilities in Fordow, Natanz and Isfahan related to Iran’s effort to develop nuclear weapons early Sunday morning local time, using as many as 14 GBU-57 Massive Ordnance Penetrators in the operation, which involved a 37-hour flight by seven B-2A Spirit bombers.

The American strikes came ten days after Israel launched a military operation targeting the Iranian nuclear program. Iran has responded with repeated missile attacks on Israeli cities and a refusal to resume negotiations over its efforts to pursue nuclear weapons.

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