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.