US SB229

Direct-to-consumer advertisements for prescription drugs and biologicals covered by Medicare or Medicaid must include the wholesale acquisition cost (WAC) for a 30-day supply or typical course of treatment, effective July 1, 2026

Drugs with a WAC under $35 for a 30-day supply are exempt from the pricing disclosure requirement

Manufacturers violating the disclosure requirement face civil money penalties of up to $100,000 per violation

The Secretary of Health and Human Services must issue final regulations within one year of enactment establishing requirements for visual and audio disclosure components across different advertising mediums

The bill cites that pharmaceutical ad spending exceeded $6 billion in 2018, with 58% of $560 billion in Medicare drug spending between 2016-2018 going to advertised drugs