2005 - 2006 LEGISLATURE
April 22, 2005 - Introduced by Representatives Sherman, Musser, Molepske,
Ainsworth, Freese, Lehman, Schneider, Zepnick, Black, Cullen, Benedict,
Pocan, Vruwink, Parisi, Seidel, Turner, Pope-Roberts and Sinicki,
cosponsored by Senators Carpenter, Jauch and Hansen. Referred to
Committee on Health.
1An Act to create
100.32 of the statutes; relating to: advertising for prescription
Analysis by the Legislative Reference Bureau
This bill prohibits advertising for prescription drugs. This prohibition does not
apply to an advertisement that is broadcast from or is mailed or shipped to the
ultimate recipient of the advertisement from outside this state or to advertising sent
directly to pharmacists or to practitioners who are authorized to prescribe
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB357, s. 1
100.32 of the statutes is created to read:
4100.32 Prescription drug advertising.
Except as provided in sub. (2), 5
no person may advertise a prescription drug. In this subsection, "prescription drug" 6
means a drug, drug product, or drug-containing preparation that is subject to 21
(b) or 21 CFR 201.105
Subsection (1) does not apply to any of the following:
(a) An advertisement that is broadcast from or is mailed or shipped to the 2
ultimate recipient of the advertisement from outside this state.
(b) An advertisement that is sent directly to a practitioner, as defined in s. 4
450.01 (17), or to a pharmacist licensed under s. 450.03.
(1) The legislature finds that prescription drug advertising that is directed to 7
consumers undermines the efforts of this state to protect the health and welfare of 8
the citizens of this state from drugs that are sufficiently dangerous to require a 9
prescription from a licensed practitioner.
(2) The legislature finds that prescription drug advertising that is directed to 11
consumers undermines the efforts of this state to ensure that practitioners who are 12
licensed to prescribe and administer prescription drugs do so on the basis of their 13
independent professional judgment.
(3) The legislature finds that the health and welfare of the citizens of this state 15
has been threatened by prescription drugs that have been heavily advertised in the 16
popular media and that have subsequently been determined to pose substantial risk 17
to human health.
(4) The legislature finds that prescription drug advertising that is directed to 19
consumers is inherently misleading, in that it promotes the sale of products so 20
dangerous that state law does not permit consumers to independently purchase.
(5) The legislature finds that the increasing cost of prescription drugs poses a 22
serious threat to the health of the citizens of this state, and that prescription drug 23
advertising directed to consumers aggravates this threat by adding considerable cost 24
to such drugs without concomitant benefit to the health of the citizens of this state.
(6) The legislature finds that the provisions of section 100.32 of the statutes, 2
as created by this act, constitute the least restrictive means of addressing the threats 3
to the health and welfare of the citizens of this state by prescription drug advertising 4
that is directed at consumers.
(1) This act first applies to advertisements broadcast or published on the 7
effective date of this subsection.
This act takes effect on the first day of the 6th month beginning after 10