Bill > SB2021

This bill, effective July 1, 2026, prohibits pharmaceutical companies from engaging in direct-to-consumer (DTC) advertising of prescription drugs within Oklahoma or targeting Oklahoma residents, defining DTC advertising broadly to include various media and emerging formats, and a pharmaceutical company as any entity involved in prescription drug research, development, production, or distribution. The Attorney General will enforce this act, with powers to issue cease-and-desist orders, conduct investigations, and seek civil or criminal penalties, which start with a warning until January 1, 2027, after which first offenses incur a civil fine up to $50,000, repeated offenses a misdemeanor with fines up to $100,000 or jail time, and egregious or multiple repeated offenses a felony with fines up to $500,000 or imprisonment. The bill also requires annual compliance reports from pharmaceutical companies, with failure to report leading to civil penalties, and establishes that each prohibited advertisement is a separate offense, with pharmaceutical companies held liable for their actions or omissions. Exceptions to this prohibition include educational materials from healthcare providers, internal communications, federally required communications, brand-neutral public health campaigns, clinical trial advertisements, information on insurance coverage, patient assistance programs, over-the-counter drugs, and advertisements for rare disease treatments under specific conditions. The legislature has declared an emergency, meaning the act will take effect immediately upon passage and approval.

Business and Industry

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb2021&Session=2600