The news: Sen. Dick Durbin (D-IL) is questioning the FDA’s ability to regulate pharma advertising after the agency’s sweeping layoffs in its enforcement division. Durbin is asking HHS to report changes to the Office of Prescription Drug Promotion, including who’s leading the division and the effects of staff reductions.

Durbin’s questions came after the FDA laid off its director, deputy director, and much of the staff in the pharma direct-to-consumer advertising enforcement division as part of HHS employee cuts, per Medical Marketing & Media.

Zooming out: Durbin’s letter comes reflects growing Congressional and Trump administration support to further legislate pharma advertising.

• Republicans and Democrats in both the House and Senate have introduced legislation to eliminate pharma companies’ advertising tax deductions.
• Durbin and Sen. Roger Marshall (R-KS) proposed legislation to enforce FDA regulation of social media and telehealth ads, while Durbin and Sen. Chuck Grassley (R-IA) introduced a bill to force pharma companies to list drug prices in their direct-to-consumer ads.HHS Secretary Robert F. Kennedy Jr. repeatedly advocated for stricter regulations or even ban on pharma advertising.
• The Make America Healthy Again report released last week conceded that pharma advertising is protected by the First Amendment, but also pointed to studies showing negative effects.

Why it matters: Consumer ads are important for pharma companies. They’re influential on both education and purchasing decisions.

• 63% of patients learned about new medications from pharma ads, and 55% learned about health conditions, according to a MAGNA study in October 2024.

This is driving pharma companies to spend a lot on advertising: