SF3650

Purpose

To regulate commerce by prohibiting the advertisement of prescription drugs on television in Minnesota. The bill would create a new prohibition within Minnesota Statutes and apply to television advertising of prescription drugs to consumers.

Main Provisions

• Creates a new provision related to PHARMACEUTICAL ADVERTISING within Minnesota Statutes Chapter 325F.
• Prohibits television advertisements for the sale of prescription drugs to consumers.
• Indicates definitions for key terms used in the prohibition (see Definitions section below).
• Establishes enforcement authority for the prohibition by the state Attorney General under existing enforcement authority.

Definitions

• Prescription drug: as defined in Minnesota Statutes section 151.441, subdivision 8.
• Television advertisement: a form of paid marketing communication designed to promote products, services, or brands through an over-the-air broadcast or an internet-based nonbroadcast stream of an over-the-air broadcast.

Enforcement

• The Attorney General is authorized to enforce this prohibition under Minnesota Statutes section 8.31.

Significance and Potential Impacts

• This bill would remove television-based direct-to-consumer advertising of prescription drugs in Minnesota.
• By defining “television advertisement” to include internet-based nonbroadcast streams of an over-the-air broadcast, the prohibition could cover ads delivered via online or streaming formats that reproduce TV-style ads.
• The change would shift how prescription-drug advertising is conducted in Minnesota and consolidate enforcement under the AG’s office.

Relevant Terms prescription drug; television advertisement; direct-to-consumer advertising; Minnesota Statutes Chapter 325F; PHARMACEUTICAL ADVERTISING; over-the-air broadcast; internet-based nonbroadcast stream; consumer advertising; enforcement; Attorney General; section 8.31