SEC. 2. REQUIREMENT THAT DIRECT-TO-CONSUMER TELE-
VISION ADVERTISEMENTS FOR PRESCRIP-
TION DRUGS AND BIOLOGICAL PRODUCTS IN-
CLUDE LIST PRICE OF SUCH DRUGS AND 
PRODUCTS. 
Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER 
TELEVISION 
ADVERTISEMENTS 
FOR 
PRE-
SCRIPTION DRUGS AND BIOLOGICAL PROD-
UCTS INCLUDE LIST PRICE OF SUCH DRUGS 
AND PRODUCTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
Secretary, acting through the Administrator of the Cen-
ters for Medicare & Medicaid Services (referred to in this 
section as the ‘Secretary’), shall require that each direct- 
to-consumer advertisement on television (including broad-
cast, cable, streaming, or satellite media) for a prescrip-
tion drug or biological product for which payment is made 
available under title XVIII or XIX includes a written 
statement indicating the current list price for a 30-day 
supply of (or, if determined more appropriate by the Sec-
retary, a typical course of treatment with) such drug or 
product as follows: ‘The list price for a ø30-day supply 
of/typical course of treatment with¿øname of prescription 
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drug or biological product¿ is øcurrent list price¿. If you 
have health insurance that covers drugs, your cost may 
be different.’. Such statement shall be presented at the 
end of such an advertisement against a contrasting back-
ground for sufficient duration and in a size and style of 
font that allows such statement to be read easily. 
‘‘(b) EXCEPTION.—The requirement described in 
subsection (a) shall not apply with respect to a prescrip-
tion drug or biological product that has a current list price 
less than $35 per month for a 30-day supply of, or a typ-
ical course of treatment with, such drug or product. 
‘‘(c) IDENTIFICATION
OF NONCOMPLIANT DRUGS 
AND PRODUCTS.—In the case that a direct-to-consumer 
advertisement described in subsection (a) does not include 
a written statement as required under such subsection and 
is not excepted with respect to such statement under sub-
section (b), the Secretary shall identify the prescription 
drug or biological product that is the subject of such ad-
vertisement as a drug or product advertised in violation 
of the requirement of subsection (a). The Secretary shall 
maintain a public list of all prescription drugs and biologi-
cal products identified pursuant to the previous sentence. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CURRENT LIST PRICE.—The term ‘current 
list price’, with respect to a prescription drug or bio-
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logical product described in subsection (a) and a di-
rect-to-consumer advertisement described in such 
subsection for such drug or product, means the 
wholesale acquisition cost (as defined in section 
1847A(c)(6)) of such drug or product as of the first 
day of the quarter during which such advertisement 
is aired or otherwise broadcast. 
‘‘(2) TYPICAL COURSE OF TREATMENT.—The 
term ‘typical course of treatment’, with respect to a 
prescription drug or biological product described in 
subsection (a) and a direct-to-consumer advertise-
ment described in such subsection for such drug or 
product, means the typical course of treatment asso-
ciated with the primary indication addressed in such 
advertisement for which such drug or product is pre-
scribed.’’. 
Æ 
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