[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3010 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3010
To amend the Internal Revenue Code of 1986 to deny the deduction for
advertising and promotional expenses for certain drugs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2025
Mr. Murphy (for himself, Ms. Craig, Mr. Begich, and Ms. Scholten)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to deny the deduction for
advertising and promotional expenses for certain 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 Handouts for Drug Advertisements
Act''.
SEC. 2. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND PROMOTIONAL
EXPENSES FOR CERTAIN DRUGS.
(a) In General.--Part IX of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR DIRECT-TO-CONSUMER
ADVERTISING OF CERTAIN DRUGS.
``(a) In General.--No deduction shall be allowed under this chapter
for expenses relating to direct-to-consumer advertising of covered
drugs for any taxable year.
``(b) Direct-to-Consumer Advertising.--For purposes of this
section--
``(1) In general.--The term `direct-to-consumer
advertising' means any dissemination, by or on behalf of a
covered entity, of an advertisement which--
``(A) is in regard to a covered drug, and
``(B) primarily targeted to the general public,
including through--
``(i) broadcasting through media such as
radio, television, and telephone communication
systems, direct mail, and billboards, and
``(ii) dissemination on the Internet or
through digital platforms (including social
media, mobile media, web applications, digital
applications, mobile applications, and
electronic applications).
``(2) Exception.--Such term shall not include an
advertisement made through publication in journals and other
periodicals.
``(3) Other terms.--For purposes of this subsection--
``(A) Covered entity.--The term `covered entity'
means--
``(i) a sponsor of a prescription drug
product (as such term is defined in section
735(3) of the Federal Food, Drug, and Cosmetic
Act), or
``(ii) a person that owns an outsourcing
facility (as such term is defined in section
503B(d)(4) of such Act), either directly or
indirectly through a subsidiary.
``(B) Covered drug.--The term `covered drug'
means--
``(i) a prescription drug product (as such
term is defined in section 735(3) of the
Federal Food, Drug, and Cosmetic Act), or
``(ii) a drug compounded in accordance with
section 503A or 503B of such Act.''.
(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 certain 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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