Connect with us

Daily Caller

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

Published

11 minute read

 

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.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Business

DOGE Is Ending The ‘Eternal Life’ Of Government

Published on

 

From the Daily Caller News Foundation

By David Bossie

In his 1964 “A Time For Choosing” speech, Ronald Reagan famously said, “a government bureau is the nearest thing to eternal life we’ll ever see on this earth.” And for more than 60 years, President Reagan’s words have proven to be true. However, with the historic re-election of President Donald Trump and the creation of the Department of Government Efficiency (DOGE) under the leadership of Elon Musk, the Gipper’s contention is finally being challenged – and not a moment too soon.

The Trump Administration inherited a horribly bloated federal government in dire need of common sense streamlining from top to bottom. For decades, the executive branch has expanded at an incomprehensible rate and along with it, so has waste, fraud, and abuse. Presidents on both sides of the aisle have made promises to tighten the government’s belt, shrink the bureaucracy, and return power to the people where it belongs. Those efforts for the most part – however well-intentioned – never got off the ground. The reality is that when politicians have been forced to choose between a legislative priority and cutting government spending, cuts are always the first casualty. But currently, with our $36 trillion national debt spiraling out of control, reining in the size and scope of government is no longer a choice, but a necessity.

President Trump is the perfect leader for these trying times. He’s battletested and fears nothing – and no challenge is too large. Whether it’s securing the border, growing the economy, forging peace in Ukraine and the Middle East, or negotiating fair trade deals, this president is on a mission to save America. And if any chief executive is going to have success at deconstructing the administrative state, it’s Trump the steel-spined change agent. The shadowy deep state doesn’t scare him, the biased liberal media can’t intimidate him, and this time there are no phony partisan investigations aiming to sidetrack him. Trump made a promise to bring fiscal responsibility back to governing, and along with Musk and DOGE, they’re finally conducting the “audit with teeth” that the American people have been waiting for, and their hard work is turning out to be infectious.

Dear Readers:

As a nonprofit, we are dependent on the generosity of our readers.

Please consider making a small donation of any amount here. Thank you!

With each passing day, a different member of the cabinet is announcing a new cut, discovering a duplicative program, or updating an antiquated system to steer us away from the fiscal cliff that’s rapidly approaching. When the president also happens to be a highly successful businessman, making the business operate more smoothly and for less money is the name of the game. Trump has brought this mindset to the White House and according to recent polling 77 percent favor a full review of government spending.

President Trump is going back to the basics that have become taboo in Washington, like asking fundamental questions about whether an agency has been successful in its mission or if a program is still necessary. In the case of the Education Department, Trump sees an emergency and is not willing to kick the can down the road any longer. The president believes that education excellence for our children is essential so America can compete for generations to come. Drastic reform is long overdue and that means moving education decisions back to state and local officials – and parents. That’s why President Trump is taking the steps to confront the failed status quo and close the underperforming department so we can turnaround lackluster public schools and low-test scores.

Similarly, with the decision to end USAID and slash foreign aid, Trump and DOGE are simply putting America first. America is handing out billions upon billions in taxpayer dollars around the globe on programs that should be spent on fixing our own domestic problems. The plan to decentralize and modernize the Agriculture Department is another great example of thinking outside the box. The American people understand the rationale that downtown Washington, D.C. is the last place decisions about farming should be made. Relocating the department to various hubs around the heartland is common sense.

Additionally, the announcement that the Department of Health and Human Services will cut 20,000 full-time employees is part of President Trump’s vision to “right-size the federal government and unleash the private sector again” in the words of Treasury Secretary Scott Bessent. And word that the Trump Administration is planning to work with Congress to finally defund National Public Radio and the Public Broadcasting Service is welcome news to millions of Americans who believe sending taxpayer funds to biased news outlets is wrong.

DOGE is also doing courageous work at the Social Security Administration (SSA). The amazing efforts to identify individuals who are either deceased, in the country illegally, or otherwise ineligible will help stave off the program’s insolvency, which experts predict is only ten years away.  When a DOGE official disclosed that 40 percent of the calls made to SSA are from would-be fraudsters trying to exploit the system, it’s become all too obvious that new safeguards must be adopted.

When it comes to the question of how much money DOGE will ultimately end up saving taxpayers, in the context of our $36 trillion debt crisis, the more the better. However, the overall change in mindset – forcing government to operate efficiently and responsibly like businesses and families – and passing that mindset onto future administrations is perhaps the most critical shift that can be made. In fact, in an ideal scenario, every state, county, and city would have its very own DOGE operation. We must get serious about cutting government waste now or we’ll go bankrupt. That’s just the reality of the situation and President Trump knows it.

David Bossie is the president of Citizens United and served as a senior adviser to the Trump-Pence 2020 campaign. In 2016, Bossie served as deputy campaign manager for Donald J. Trump for President and deputy executive director for the Trump-Pence Transition Team.

Continue Reading

Automotive

Tesla Vandals Keep Running Into The Same Problem … Cameras

Published on

 

From the Daily Caller News Foundation

By Hudson Crozier

People damaging Teslas in anger toward their owners and Elon Musk aren’t picking up on the fact that the vehicles have multiple cameras capable of catching them in the act.

At least nine perpetrators have been caught on video keying, writing graffiti or otherwise defacing Tesla vehicles in parking lots across the U.S. in the month of March alone. Most have led to an arrest or warrant based partly on the footage, which Tesla’s “Sentry Mode” automatically films from the side of the unattended vehicle when it detects human activity nearby.

“Smile, you’re on camera,” Tesla warned in a March 20 X post about its Sentry Mode feature. Musk’s company has been working to upgrade Sentry Mode so that the vehicles will soon blast music at full volume when vandals attack it. The camera system, however, has not stopped an increasing number of vandals from singling out Tesla owners, usually in protest of Musk’s work in the Trump administration for the Department of Government Efficiency (DOGE).

One incident happened on March 29, the same day leftists coordinated protests around the country for a “Global Day of Action” against Musk. That Saturday also saw alleged instances of violence at protests. The demonstrations stemmed from an online call to action by groups such as the Disruption Project, which encourages activists to foment “uprisings,” find a “target’s” home address and other confrontational tactics.

Tesla’s press team did not respond to a request for comment.

One man allegedly caught on camera keying a Tesla SUV on March 24 apologized to the owner who confronted him in a parking lot in Pennsylvania, police and media reports said. The man faces charges of criminal mischief, harassment and disorderly conduct for allegedly carving a swastika onto the vehicle.

“I have nothing against your car, and I have nothing against you,” the suspect said while the owner filmed him in the parking lot. “Obviously, I have something against Elon Musk.” The man called his own behavior “misguided.”

The defendant’s lawyer told Fox News his “client is a proud father, long-time resident, and is currently undergoing cancer treatment” and that he would not comment publicly “pending the outcome of the case.”

One of the most aggressive acts caught by Sentry Mode was in the case of a man who drove an ATV-style vehicle into a Tesla on March 25. Texas police identified the man as Demarqeyun Marquize Cox, arrested him and said he allegedly gave two other nearby Teslas the same treatment while also writing “Elon” on them. The public defender office representing Cox did not respond to a voicemail from the Daily Caller News Foundation.

Tesla cameras also caught three other people in FloridaTexas and Arizona keying and smearing bubble gum on the vehicles in March. The three suspects named by police do not have attorneys listed in county records available for contact.

Many of the vandalism cases since Trump’s return have reportedly caused thousands of dollars in damage for individual owners. For example, the bubble gum incident in Florida brought $2,623.66 in costs, while another keying incident in Minnesota brought $3,200.

Some reported attacks on Tesla vehicles and chargers have gotten the attention of federal law enforcement, including cases of alleged firebombing or shooting.

Two other suspected vandals in New York, one in Minnesota and one in Mississippi have reportedly avoided arrest for now — with one owner declining to press charges — but were all seen on the Teslas’ cameras scratching up the vehicles. Police identified the Mississippi suspect as an illegal migrant from Cuba.

One Tesla owner in North Dakota ridiculed a man who allegedly carved the letter “F” into his Cybertruck in a Costco parking lot — as seen on the Cybertruck’s camera. The defendant faces charges of criminal mischief, and county records say he is representing himself in court.

“I can’t believe this guy is potentially ruining his life to follow a political ideology,” the owner told WDAY News.

“If you’re going to vandalize these vehicles, you’re going to get caught,” the owner said.

Continue Reading

Trending

X