By Najera H.C.R. No. 39 77R2994 MKS-D HOUSE CONCURRENT RESOLUTION 1-1 WHEREAS, Advertisements for prescription and over-the-counter 1-2 drugs provide consumers with useful information about new products 1-3 and product improvements and help to educate consumers about their 1-4 health care options; however, in recent years, the business of 1-5 health care has experienced tremendous growth, making these 1-6 advertisements, and particularly those for prescription drugs, 1-7 pervasive in newspapers, magazines, television commercials, and 1-8 radio advertisements; and 1-9 WHEREAS, Drug companies invested an estimated $1.3 billion in 1-10 direct-to-consumer advertising in 1998 and $905 million in the 1-11 first half of 1999; this spending will surely increase the quantity 1-12 of information from these drug companies and there is concern that 1-13 the quality of information or its adequacy may be neglected; and 1-14 WHEREAS, Current law requires these advertisements to be 1-15 accurate and not misleading and the United States Food and Drug 1-16 Administration (FDA) provides that prescription drug advertisements 1-17 must include a summary of the product's indications, risks, and 1-18 potential side effects; although these requirements may be 1-19 technically satisfied, many of these advertisements contain 1-20 disclosures and other information spoken so quickly or softly that 1-21 many people cannot understand what is said, or in print so small 1-22 that it is difficult to read; and 1-23 WHEREAS, While the FDA requires the advertisements to comply 1-24 with federal regulations, the agency does not require prior 2-1 approval of drug company advertisements and it reviews the 2-2 advertisements only if the company requests a review; and 2-3 WHEREAS, The consumer is at the greatest disadvantage when 2-4 the information provided is not clearly printed or spoken, and 2-5 because there is no prior approval necessary, it is important that 2-6 entities broadcasting these commercials take responsibility for 2-7 reviewing the advertisements to ensure that they are in compliance 2-8 with both the spirit and the letter of federal law; now, therefore, 2-9 be it 2-10 RESOLVED, That the 77th Legislature of the State of Texas 2-11 hereby respectfully request radio and television stations in the 2-12 state to periodically review advertisements for drug products, with 2-13 particular attention to prescription drug advertisements, to make 2-14 sure that they comply with federal law.