RFK Jr.’s plan for pharma ads would run straight into the First Amendment

RFK Jr wants to ban pharmaceutical ads on television, but MSNBC isn’t sure that he can.

Of course he can, but it may not matter.

Nielson, the TV ratings people, say that at least 18% of households have at least one TV able to receive over-the-air broadcasts.  That doesn’t mean they watch that way.  FCC has jurisdiction over the airwaves so pharmaceutical ads can be banned, but that isn’t many households.  Hardly enough to matter.

Cable and subscription-based streaming services like Netflix are a larger segment of TV viewers, and more difficult to regulate.  Youtube, TikTok, and social media are even more difficult.

When did you last see a cigarette ad?  For a while, Hollywood wasn’t showing people smoke in movies or TV shows, and were digitally editing cigarettes out of older movies.  Cigarette companies don’t even have total control over their packaging. 

Prior to 1972, the federal government included cigarettes in military rations.  The government hasn’t purchased cigarettes since then, so can’t even apply financially pressure to coerce cigarette companies into compliance.

Each year, the federal government spends $38 billion for prescription drugs through Medicaid. Medicare spends $216 billion.  With federal employees and the military, there are 4 million people getting prescription drugs through their employee health plans. 

The federal government can exert considerable financial pressure on pharmaceutical drug companies, without even using regulatory power.

Prescription drugs are regulated by the FDA.  The FDA is a agency under the Health and Human Services Department.  RFK Jr is the head of HHS.

Legislation would be needed to properly regulate pharmaceutical companies.  Nobody likes Big Pharma, but they do spend a lot of money in advertising and lobbying.  If President Trump pushes the issue, there would be resistance, but he usually wins.  Any senator or congressman who defends drug ads, will be on the wrong side of an 80/20 issue.

Pharmaceutical ads could be banned from everywhere the government wants.