TITLE: Relating to certain advertisements for prescription drugs.

SUMMARY: Relating to certain advertisements for prescription drugs.

FULL TEXT:
AN ACT relating to certain advertisements for prescription drugs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 16, Business & Commerce Code, is amended by adding Chapter 722 to read as follows: CHAPTER 722. CERTAIN ADVERTISEMENTS FOR PRESCRIPTION DRUGS Sec. 722.001. DEFINITION. In this chapter, "paid advertisement" means a communication that promotes a good or service and is disseminated in exchange for consideration. Sec. 722.002. PROHIBITED ADVERTISEMENT OF CERTAIN PRESCRIPTION DRUGS. (a) A person may not disseminate a paid advertisement for a prescription drug. (b) Subsection (a) does not apply to a paid advertisement disseminated: (1) only to medical, dental, or nursing professionals in a professional scientific periodical; or (2) only for public health education by a person who is not directly or indirectly commercially interested in the sale of the drug. Sec. 722.003. DECEPTIVE TRADE PRACTICE. A violation of Section 722.002 is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter. SECTION 2. This Act takes effect September 1, 2025.