[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[Senate]
[Pages S5389-S5390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3611. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 6147, making 
appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VII of division C, insert 
     the following:
       Sec. __.  The authority of the Secretary of Health and 
     Human Services to regulate direct-to-consumer advertising of 
     prescription drugs, pursuant to the authorities under 
     sections 502(n) and 503C of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 352(n), 353c), shall include the 
     authority to require such advertising to include an 
     appropriate

[[Page S5390]]

     disclosure of pricing information with respect to such drugs. 
     The Secretary of Health and Human Services shall issue 
     regulations to implement this section. A drug that is 
     advertised to consumers without the information required by 
     this section or its implementing regulations shall be deemed 
     to be misbranded under section 502 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 352).
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