As of January 2025, the United States and New Zealand are the only countries that permit direct-to-consumer (DTC) advertising of prescription medications on public media, such as television and radio.
In the United States, the Food and Drug Administration (FDA) regulates DTC pharmaceutical advertising, requiring that advertisements present a balanced view of a drug’s benefits and risks. Recent regulatory updates mandate that TV and radio drug advertisements use simpler, consumer-friendly language and minimize distractions to communicate risks and side effects more clearly.
In New Zealand, DTC advertising of prescription medications is legal under the Medicines Act of 1981 and is regulated by the Therapeutic Products Advertising Code, along with a self-regulatory code by the industry group Medicines New Zealand. As of 2023, ongoing reviews of the Act, such as the proposed Therapeutic Products Bill, have faced lobbying efforts for and against the continued legality of DTC advertising. The practice would remain legal under the current iteration of the proposed bill, with oversight of product claims moved from New Zealand’s consumer protection laws to a new Therapeutic Product Regulator under the Ministry of Health.
In contrast, most other countries, including those in the European Union, Canada, and Australia, prohibit DTC advertising of prescription drugs to the general public. For instance, in Canada, the Food and Drugs Act prohibits most DTC advertising of prescription medications, allowing only limited forms such as “reminder” and “help-seeking” advertisements. In Australia, advertisements for prescription medications are illegal, including online promotions. Health services can be promoted under certain restrictions, but specific prescription medications cannot be advertised directly to consumers.
These varying regulations reflect different approaches to balancing public health interests, consumer protection, and the pharmaceutical industry’s marketing practices.