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House File 396 - IntroducedA Bill ForAn Act 1prohibiting certain advertising of prescription drugs in
2the state and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 714.21A, Code 2021, is amended to read
2as follows:
3714.21A Civil enforcement.
4A violation of chapter 261B, or section 714.17, 714.18,
5714.20, 714.23, or 714.25, or 714.29 constitutes an unlawful
6practice pursuant to section 714.16.
7 Sec. 2. NEW SECTION. 714.29 Advertising of prescription
8drugs prohibited.
91. As used in this section, unless the context otherwise
10requires:
11a. “Manufacturer of prescription drugs” or “manufacturer”
12means a manufacturer of prescription drugs or an affiliate
13of the manufacturer or a labeler that receives prescription
14drugs from a manufacturer or wholesaler and repackages those
15prescription drugs for later retail sale and that has a labeler
16code from the United States food and drug administration under
1721 C.F.R. §2027.20.
18b. “Prescription drug” means the same as defined in section
19155A.3.
20c. “Regulated advertisement” means the presentation to the
21general public of a commercial message regarding a prescription
22drug by a manufacturer of prescription drugs that meets one of
23the following conditions:
24(1) Is broadcast on television or radio from a station that
25is physically located in the state.
26(2) Is broadcast over the internet from a location in the
27state.
28(3) Is printed in magazines or newspapers that are printed,
29distributed, or sold in the state.
302. A manufacturer shall not present, or cause to be
31presented in this state, a regulated advertisement.
323. A violation of this section is a serious misdemeanor.
33Each day a manufacturer is in violation of this section is
34considered a separate violation.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill prohibits the advertising of prescription drugs,
4either by broadcast by a television or radio station in this
5state, over the internet from a location in this state, or in
6a magazine or newspaper printed, distributed, or sold in this
7state. A violation of the bill is a serious misdemeanor. A
8serious misdemeanor is punishable by confinement for no more
9than one year and a fine of at least $430 but not more than
10$2,560. Each day a manufacturer is in violation of the bill is
11considered a separate violation. A violation of the bill is
12also an unlawful practice under Code section 714.16 (consumer
13frauds) which includes enforcement provisions relating to
14injunctive relief and other relief and civil penalties.
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2the state and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 714.21A, Code 2021, is amended to read
2as follows:
3714.21A Civil enforcement.
4A violation of chapter 261B, or section 714.17, 714.18,
5714.20, 714.23, or 714.25, or 714.29 constitutes an unlawful
6practice pursuant to section 714.16.
7 Sec. 2. NEW SECTION. 714.29 Advertising of prescription
8drugs prohibited.
91. As used in this section, unless the context otherwise
10requires:
11a. “Manufacturer of prescription drugs” or “manufacturer”
12means a manufacturer of prescription drugs or an affiliate
13of the manufacturer or a labeler that receives prescription
14drugs from a manufacturer or wholesaler and repackages those
15prescription drugs for later retail sale and that has a labeler
16code from the United States food and drug administration under
1721 C.F.R. §2027.20.
18b. “Prescription drug” means the same as defined in section
19155A.3.
20c. “Regulated advertisement” means the presentation to the
21general public of a commercial message regarding a prescription
22drug by a manufacturer of prescription drugs that meets one of
23the following conditions:
24(1) Is broadcast on television or radio from a station that
25is physically located in the state.
26(2) Is broadcast over the internet from a location in the
27state.
28(3) Is printed in magazines or newspapers that are printed,
29distributed, or sold in the state.
302. A manufacturer shall not present, or cause to be
31presented in this state, a regulated advertisement.
323. A violation of this section is a serious misdemeanor.
33Each day a manufacturer is in violation of this section is
34considered a separate violation.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill prohibits the advertising of prescription drugs,
4either by broadcast by a television or radio station in this
5state, over the internet from a location in this state, or in
6a magazine or newspaper printed, distributed, or sold in this
7state. A violation of the bill is a serious misdemeanor. A
8serious misdemeanor is punishable by confinement for no more
9than one year and a fine of at least $430 but not more than
10$2,560. Each day a manufacturer is in violation of the bill is
11considered a separate violation. A violation of the bill is
12also an unlawful practice under Code section 714.16 (consumer
13frauds) which includes enforcement provisions relating to
14injunctive relief and other relief and civil penalties.
-2-pf/rh