HB 697 – AS INTRODUCED
2007 SESSION
01/09
HOUSE BILL 697
AN ACT relative to responsible drug advertising.
SPONSORS: Rep. DeJoie, Merr 11; Rep. Marshall Quandt, Rock 13; Rep. C. Chase, Hills 2
This bill specifies additional requirements for drug or device advertising and provides for enhanced penalties for the violation of such provisions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0579
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to responsible drug advertising.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The intent of this act is to enhance consumer protection in the advertisement of prescription drugs and devices and to enhance the efforts of the Food and Drug Administration in the regulation of drug advertising.
2 Purity and Branding of Foods and Drugs. Amend RSA 146:2, X to read as follows:
X. The term “federal act” means the Federal Food, Drug and Cosmetic Act [(Title] 21 U.S.C. section 301 et seq.[; 52 Stat. 1040 et seq.)], as amended.
3 New Paragraphs; Purity and Branding of Food and Drugs; Advertising Requirements. Amend RSA 146:9, by inserting after paragraph II the following new paragraphs:
III. An advertisement for a drug or device requiring a prescription for use shall be deemed to be false or misleading if it fails to bear the statement: “Caution: Dispensing Without a Prescription is Prohibited. Do not attempt to diagnose your medical condition; Only a licensed health care professional may diagnose your medical condition.” This warning shall appear in text not more than 2 points smaller than the font size of the name of the drug or device in such advertisement. The warning shall appear in black type on a white background within a lined box that is conspicuously displayed in the advertisement and, for broadcast media advertisements, such warning shall appear throughout the duration of the advertisement. For print media advertisements, the warning shall appear on the same page as the product warnings and not on a separate page. For radio advertisements, the warning shall be read aloud at the beginning and end of the advertisement.
IV. This section shall only apply to print or broadcast drug or device advertisements that originate within this state.
V. Print and broadcast media outlets shall be immune from liability under this chapter for presenting or causing to be presented a drug or device advertisement in a radio or television broadcast or printed material which fails to comply with the provisions of this chapter.
4 Purity and Branding of Food and Drugs; Enhanced Penalty. Amend RSA 146:18 to read as follows:
146:18 Penalty.
I. Whoever violates any provision of RSA 146, for a first offense, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; upon a second or subsequent conviction shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the provisions of paragraph I, any person convicted of violating RSA 146:9, III shall be liable to the injured party for the amount of actual damages or $25,000, whichever is greater. For a second or subsequent conviction under RSA 146:9, III, the court may award the injured party up to 3 times but not less than 2 times the amount of actual damages, and shall award the prevailing party reasonable attorney’s fees and costs. No agreement between parties for a waiver of the damages under this section shall be enforceable. A copy of the pleadings and any judgment or decree entered for any action commenced under this section shall be forwarded to the attorney general’s office.
5 Effective Date. This act shall take effect January 1, 2008.