HBA-CCH H.C.R. 39 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 39
By: Najera
Public Health
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

In recent years, the number of advertisements for prescription and
over-the-counter drugs in newspapers, magazines, television commercials,
and radio advertisements has grown tremendously.  In 1998, pharmaceutical
companies invested an estimated 1.3 billion in direct-to-consumer
advertising.  Current law requires pharmaceutical advertisements to be
accurate, and the United States Food and Drug Administration (FDA) provides
that prescription drug advertisements must include a summary of the
product's indications, risks, and potential side effects.  However, the FDA
reviews advertisements only if the advertising company requests a review.
Unfortunately, the information in drug advertisements is often not clearly
printed or spoken.  As a result, senior citizens may have a difficult time
understanding the information.  Organizations that broadcast pharmaceutical
advertisements should take responsibility for reviewing the advertisements.
H.C.R. 39 requests radio and television stations in Texas to periodically
review pharmaceutical advertisements, especially advertisements for
prescription drugs, for compliance with federal law.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

H.C.R. 39 requests radio and television stations in Texas to periodically
review pharmaceutical advertisements, especially advertisements for
prescription drugs, to ensure that an advertisement complies with federal
law.