Reps. Tom Allen, D-Maine, and Marion Berry, D-Ark., said current FDA law, which gives the agency the power to issue warnings, doesn't go far enough. they said the FDA needs bigger teeth in stopping misleading direct-to-consumer drug advertising.
The proposed legislation would boost FDA enforcement by providing an annual $25 million budget increase that lets the agency examine drug ads and would require it to compare the effectiveness and costs of older drugs to new ones.
The congressmen said the $10 million fine could only be imposed if drug companies that were warned by the FDA that their ads were misleading failed to fix the ads within six months.
The Pharmaceutical Research & Manufacturers Association said it didn't believe the legislation was necessary.
The two congressmen said they had not consulted the House GOP leadership before introducing the legislation.