A new rule proposed by federal regulators could fundamentally reshape how drugmakers advertise their products on TV, McGuireWoods partners Craig Bleifer and Allyson Maur told Law360 in an Aug. 11, 2026, story.
The proposed rule, expected to be unveiled in December 2026, would compel drugmakers to provide extensive and lengthy information during TV ads, not just refer viewers to a resource to learn more. Industry observers interviewed by Law360 said the rule could make many ads so long and complex that airing them would be impractical.
“It’s already a challenge for pharma companies to include in a meaningful way risk information in their ad. People joke about it because there’s all this disclosure, nobody understands it, and it sounds scary,” said Bleifer, co-leader of McGuireWoods’ FDA & Life Sciences Practice Group and former general counsel for pharma companies Novo Nordisk and Daiichi Sankyo.
“Imagine if it were 25 times longer,” Bleifer added. “No one’s going to listen. They’re going to change the channel, and that’s not a good thing either.”
Maur, a healthcare partner whose clients include biopharmaceutical companies, said the notice shows the FDA wants to move beyond its current enforcement campaign and codify new requirements rather than update the old guidance.
“It’s a little bit easier for them to have a rule to enforce rather than relying on guidance,” Maur said. The notice “does signal that this is a priority for FDA.”