A new FDA crackdown is threatening the drug industry’s most powerful marketing tool — and it could reshape what Americans see and believe about their health. For decades, prescription drug ads have flooded screens, promoting quick fixes and fueling what critics call a culture of overmedication. Lisa Fletcher reports on a new chapter in the battle over pharmaceutical advertising, as regulators step in after years of little oversight.

The following is a transcript of a report from “Full Measure with Sharyl Attkisson.”
Watch the video by clicking the link at the end of the page.

Commercial: “I have type 2 diabetes, but I manage it well!”

Only two countries in the world allow this kind of advertising: the U.S. and New Zealand.

Commercial: “If you’re living with moderate to severe plaque psoriasis”

Here at home, “direct-to-consumer” pharmaceutical ads — worth $10 billion in annual revenue to broadcasters — have been a TV fixture for decades. But they’ve largely gone unchecked until now, as FDA Commissioner Marty Makary told Full Measure.

FDA Commissioner Marty Makary: We’re gonna crack down. We have got thousands of letters that are going out. We have enforcement letters that are going out after the entire world of enforcing these ads had dwindled to no enforcement.

Along with those letters, the FDA is also “issuing approximately 100 cease-and-desist letters” to stop “deceptive ads” already on the air.

Historically, enforcement has been weak. The FDA issued about 130 letters a year in the late 1990’s, dropping to just three in 2023 and none in 2024.

FDA Commissioner Marty Makary: Pre-1997, you rarely saw a drug ad. And that’s because the FDA enforced the regulation that you have to state what the risks are. There are drugs that have serious risks, and people are not aware of those risks. They think I’m gonna be singing and dancing and swimming and whatever they’re doing. And that is something that we have to take a close look at.

Commercial: “At Hims & Hers we believe our customers should feel confident about what they put in their bodies.”

One of the first companies targeted: Hims & Hers — an online pharmacy that mixes its own version of a drug with the same active ingredient as Ozempic and Wegovy, and competes against big pharma.

In a warning letter, the FDA called the company’s marketing “false or misleading,” saying it implies that the company’s “products are the same as an FDA-approved product when they are not” and “are therefore misbranded.”

The FDA also warned: “You should take immediate action to address any violations… Failure to adequately address any violations may result in legal action without further notice, including, without limitation, seizure and injunction.”

In addition to Hims & Hers, Eli Lilly is one of several companies hit with FDA warning letters in just the past few weeks.

Commercial: “When migraine strikes, you’re faced with a choice.”

This ad for migraine medication “Ubrelvy,” featuring tennis great Serena Williams, was one of the last drug ads flagged before this new crackdown.

Commercial: “Migraine pain relief starts with you.”

The FDA warned drugmaker AbbVie it overhyped Ubrelvy’s benefits, making “false or misleading representations” about how fast it works, compared to clinical trial data. The agency said featuring a celebrity athlete “amplifies” the misleading claims by making them seem “more believable” to viewers.

Adriane Fugh-Berman: Celebrity endorsements are very important.

Adriane Fugh-Berman is the director of “Pharmed-Out,” a Georgetown University project that investigates drug industry influence on prescribing.

Lisa Fletcher: Is there any educational value for consumers to seeing these pharmaceutical ads on TV?

Adriane Fugh-Berman: That’s certainly the argument that industry uses, that these ads are educational, but there is no educational value at all.

Fugh-Berman says these ads are produced to shape what the public sees, and often hide what they don’t, like serious side effects.

Adriane Fugh-Berman: The most important thing about an ad is the visuals. Often there will be very distracting, colorful visuals of people having a good time at the same time that the ad is talking about serious adverse effects. And people remember visuals more than they do audio. And they actually get to choose which adverse effects that they say in an advertisement.

Commercial: “If you get sick with COVID-19, someone will feel all alone.”

The FDA is also closing a loophole that lets drug companies, and even government agencies, promote vaccine ads as “educational” without clearly stating the risks.

Commercial: “Last fall, more people were hospitalized for COVID than the flu.”

The loophole was widely used during COVID — presenting only upsides while omitting serious potential harms.

The FDA says it won’t push for an all-out ban on drug ads but expects the crackdown to force a return to basic truth-in-advertising.

Commercial: “RSV can severely affect the lungs and lower airways.”

Which may mean the era of advertising with dancing seniors and miracle pills may soon be over.

Watch video here.