[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6392 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6392
To amend the Internal Revenue Code of 1986 to deny the deduction for
advertising and promotional expenses for prescription drugs.
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IN THE HOUSE OF REPRESENTATIVES
January 13, 2022
Ms. Slotkin (for herself and Mr. Trone) introduced the following bill;
which was referred to the Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to deny the deduction for
advertising and promotional expenses for prescription drugs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Tax Breaks for Drug Ads Act''.
SEC. 2. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND PROMOTIONAL
EXPENSES FOR PRESCRIPTION DRUGS.
(a) In General.--Part IX of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to items not deductible)
is amended by adding at the end the following new section:
``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR DIRECT-TO-CONSUMER
ADVERTISING OF PRESCRIPTION DRUGS.
``(a) In General.--No deduction shall be allowed under this chapter
for expenses relating to direct-to-consumer advertising of prescription
drugs for any taxable year.
``(b) Direct-to-Consumer Advertising.--For purposes of this
section, the term `direct-to-consumer advertising' means any
dissemination, by or on behalf of a sponsor of a prescription drug
product (as such term is defined in section 735(3) of the Federal Food,
Drug, and Cosmetic Act), of an advertisement which--
``(1) is in regard to such prescription drug product, and
``(2) primarily targeted to the general public, including
through--
``(A) publication in journals, magazines, other
periodicals, and newspapers,
``(B) broadcasting through media such as radio,
television, and telephone communication systems, direct
mail, and billboards, and
``(C) dissemination on the Internet or through
digital platforms (including social media, mobile
media, web applications, digital applications, mobile
applications, and electronic applications).''.
(b) Conforming Amendment.--The table of sections for such part IX
of the Internal Revenue Code of 1986 is amended by adding after the
item relating to section 280H the following new item:
``Sec. 280I. Disallowance of deduction for direct-to-consumer
advertising of prescription drugs.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.
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