Daily Caller
RFK’s Calls To Ban One Of Big Pharma’s Most Powerful Tools Rattle Drugmakers Despite Uncertain Political Prospects
From the Daily Caller News Foundation
By Adam Pack
“The primary purpose of pharmaceutical advertising is not to influence consumers, but rather the television networks and news itself”
President-elect Donald Trump’s nomination of Robert F. Kennedy Jr. to helm the Department of Health and Human Services(HHS) is reportedly rattling drugmakers in light of Kennedy’s prior calls to ban pharmaceutical advertising.
If confirmed by the Senate to serve as HHS secretary, Kennedy could marshal the country’s public health agencies to implement his Make America Healthy Again (MAHA) priorities, leading one pharmaceutical industry observer to claim that Kennedy is likely to attempt a ban on direct-to-consumer (DTC) drug advertising. However, any attempt from Kennedy to crack down on pharmaceutical advertising would almost certainly be challenged by drugmakers on First Amendment grounds and may lack the support of Trump and Republican lawmakers who have so far refrained from commenting on Kennedy’s proposal.
“One of the things I’m going to advise Donald Trump to do in order to correct the chronic disease epidemic is to ban pharmaceutical advertising on TV,” Kennedy said to thunderous applause during a Tucker Carlson Live Tour event in Glendale, Arizona, on Oct. 31. “There’s only two countries in the world that allow pharmaceutical advertising on the airwaves. One of them is New Zealand and the other is us and we have the highest disease rate, and we buy more drugs and they’re more expensive than anywhere in the world.”
Spending on DTC pharmaceutical advertising in the United States ballooned to more than $7 billion in 2023, with ad buys on weight loss and diabetes drugs surpassing $1 billion for the first time, according to analysis from MediaRadar.
‘Threat To The Public Good’
“Whilst we have a relatively benign view of RFK’s impact on the Pharma industry, one thing that does worry us is the potential for the U.S. government to ban DTC advertising of drugs,” United Kingdom-based research firm Intron Health wrote in a report excerpted by FiercePharma, a pharmaceutical industry-focused news outlet. “We see this as the biggest imminent threat from RFK and the new Trump administration.”
Kennedy could wield considerable influence over the second Trump administration’s approach to pharmaceutical advertising since the Food and Drug Administration (FDA) — the chief regulator of the pharmaceutical industry’s advertisements — is housed within HHS.
The Biden FDA issued new guidelines on DTC advertising that went into effect on May 20, requiring advertising to state drugs’ side effects and medication risks in a “clear, conspicuous, and neutral manner.” Kennedy called for a review of these guidelines in an op-ed in The Wall Street Journal published on Sept. 5.
During his run for president and as a Trump campaign surrogate, Kennedy claimed that media outlets who receive substantial ad revenue from pharmaceutical companies cannot report on Big Pharma with objectivity.
“The primary purpose of pharmaceutical advertising is not to influence consumers, but rather the television networks and news itself,” according to a statement on Kennedy’s website. “It gives Big Pharma the power to dictate what goes on the news — and what doesn’t — because the networks won’t bite the hand that feeds them.”
“Every other country in the world recognizes that pharma ads represent a threat to the public good,” Kennedy’s website also claims.
Kennedy’s concern that mainstream media has been co-opted by the pharmaceutical industry to buy news outlets’ silence on scrutinizing drugmakers in exchange for ad revenue has been embraced by influential voices in the MAHA movement and other Trump allies.
“The news ad spending from pharma is a public relations lobbying tactic, essentially to buy off the news,” Calley Means, a Kennedy advisor and MAHA advocate, told Tucker Carlson during an interview on Feb 2. “The news is not investigating pharma.”
“No advertising for pharma,” Elon Musk wrote on X on Nov. 19 in response to a post alleging a correlation between the growth of pharmaceutical advertising and rising media bias.
Dr. Jay Bhattacharya, Trump’s nominee to lead the National Institutes of Health, has also argued that media organizations that rake in pharmaceutical advertising revenue should face increased scrutiny when reporting on public health matters. Bhattacharya was notably blacklisted by Twitter before Musk bought the platform over his criticism of the medical establishment’s lockdown approach to the COVID-19 pandemic.
“Another argument against direct-to-consumer advertising by drug companies: Because of DTC ads, drug companies like Pfizer hold a vice grip on the editorial policies of conventional American media, which can ill afford to lose the advertising money,” Bhattacharya wrote on X on May 30, 2023.
Dr. Marty Mackary, Trump’s pick to lead the FDA, has not commented on Kennedy’s proposal nor allegations that the mainstream media has been corrupted by the pharmaceutical industry.
Ban Denies ‘Opportunity To Be Informed’
Although a ban on pharmaceutical advertising would put the U.S. more in line with the rest of the world, an attempted prohibition of the practice by the incoming Trump administration would likely infringe upon the First Amendment’s protection of “commercial speech,” according to Dr. Jeffrey Singer, a general surgeon and senior fellow at the libertarian-leaning Cato Institute.
“His calls to ban pharmaceutical advertising violate the First Amendment right to freely share and exchange information, including scientific information, and infringe on the individual right to self-medicate,” Singer wrote in a statement following Trump’s nomination of Kennedy to serve as HHS secretary.
Banning pharmaceutical advertising would also make Americans less informed about the availability of drugs and their side effects and widen the information gap between medical practitioners and patients, an apparent contradiction to Kennedy’s pledge to fight for Americans’ ability to question the medical establishment and do their own research, Singer told the Daily Caller News Foundation in an interview.
“On the one hand, RFK Jr. says — and I agree with him — that people need to be empowered. They need to do their own due diligence. We should be doing our own investigations,” Singer told the DCNF. “Well, how are you going to do that if you are barred from hearing what the pharmaceutical companies have to say about their medication, and its risks and benefits and side effects, which the FDA requires them to mention?”
“If you want an empowered population of adults to be able to do their own due diligence, you can’t block them from the information that a pharmaceutical [ad] is going to give them — especially when they’re [pharmaceutical companies] allowed to give it to healthcare practitioners,” Singer added. “Denying us the information actually denies us the opportunity to be informed.”
Uncertain Political Prospects
Kennedy’s call to ban pharmaceutical advertising is likely to face skepticism from Republican lawmakers who have traditionally preferred a deregulatory approach to the pharmaceutical industry. The current legislative effort to ban DTC pharmaceutical advertising in Congress has no support from Republican lawmakers.
“Sometimes when I hear his [Kennedy’s] agenda discussed, people are like ‘sounds great — he’s never going to do it’. There’s zero chance he’s going to be able to undo these conflicts of interests and the power of Big Ag and these Republican lawmakers who have a lot of big donors in these industries,” Megyn Kelly told Casey Means, during a Nov. 20 interview on her show about whether Kennedy’s MAHA priorities have enough support to be achieved during the next four years.
The pharmaceutical industry notably has roughly 1800 registered lobbyists in the United States, and industry PACs have doled out more than $15 million to candidates this year.
Trump tried to further regulate pharmaceutical advertising during his first administration by requiring DTC ads on television to include the list price for nearly all drugs covered by Medicare and Medicaid. Three large drugmakers filed suit in response and a federal judge struck down the regulation before it went into effect, ruling that HHS overstepped its authority to compel drugmakers to include their list prices in advertising.
Trump’s transition team did not respond to the DCNF’s inquiry about whether the president-elect supports Kennedy’s advocacy to crack down on pharmaceutical advertising.
The Pharmaceutical Research and Manufacturers of America, a trade association that lobbies on behalf of the pharmaceutical industry, declined to comment on Kennedy’s calls to ban pharmaceutical advertising.
A Kennedy spokesperson did not respond to the DCNF’s request for comment.
Daily Caller
Like Administrative Arson, California’s Bad Ideas Spread Like Wildfires
From the Daily Caller News Foundation
By Frank Ricci
California’s wildfire crisis is a result of a mix of poor public policy, excuses and administrative overreach. This crisis is not solely due to natural phenomena but is exacerbated by years of misguided priorities and policy mismanagement.
In California, regulation has often been elevated to a near-religious status, where compliance with progressive ideals sometimes comes at the expense of public safety. This regulatory environment turns practical solutions into bureaucratic nightmares, where even simple tasks require navigating an endless maze of permissions and paperwork.
The result is a state where water resources are mismanaged, from inadequate retention to failing to have sound contingency plans for pumping when power is out or ensuring the system is designed to handle the fire load.
There is an overemphasis on environmentally friendly policies without adequately balancing the needs of the population or accurately measuring their impact and effectiveness.
When your home is on fire, you need a quick, competent response, properly supported by staffing, resources and clear lines of authority.
The prioritization of Diversity, Equity and Inclusion (DEI) over merit-based hiring is evident in places like the Los Angeles Fire Department under Chief Kristin Crowley. Her commitment to DEI is often highlighted, leading one to question if this has potentially compromised operational readiness.
The primary focus of fire departments should be on the priority of life safety, incident stabilization and property conservation. When diversity overshadows meritocracy, there’s a shift from equal opportunity to equal outcomes.
Across blue states, there is a trend where HR managers focus more on diversity and soft quotas than ensuring applicants have the necessary physical strength, mechanical aptitude and cognitive ability for the job, regardless of immutable characteristics.
LAFD Assistant Chief Kristine Larson, in a recorded statement, responded to a query about her ability to rescue someone from a fire by saying, “Am I able to carry your husband out of a fire? Well, my response is he got himself in the wrong place if I have to carry him out of a fire.”
In the same clip, she focused on the racial composition of firefighters rather than their competence.
Merit should be blind to race or sex; it is about ensuring that firefighters or officers can master the skills, knowledge and ability needed to do the job.
Victor Davis Hanson has commented: “It was a total systems collapse from the idea of not spending money on irrigation, storage, water, fire prevention, force management, a viable insurance industry, a DEI hierarchy. You put it all together and it’s something like a DEI-Green New Deal hydrogen bomb.”
Moreover, fire departments in cities like Los Angeles, Seattle and New York are still dealing with the aftermath of the pandemic. There is a call for the reinstatement of firefighters who were dismissed for not being vaccinated, suggesting this was an opportunity to purge viewpoint diversity.
Elected officials should not socially engineer fire departments. True diversity comes from educational opportunities like school choice, opportunity scholarships and breaking the stranglehold of teachers’ unions while holding superintendents accountable.
Qualified personnel and proper water management alone won’t mitigate fires. Congress and California need to untangle the web of conflicting government agencies in wildland fire and forest management, ensuring clear lines of authority for public safety.
Environmentally friendly logging and cooperation with fire services for forest management could provide jobs, create fire lines, and ensure quicker response times.
Advanced technology for early detection, such as sensing fire towers, drones and satellites, should be utilized to direct air assets, allowing for a rapid response with helicopters or fixed-wing aircraft to stop or slow the spread of fire from the onset.
America does not have enough staffed air assets stationed, properly geographically deployed and on alert to respond at a moment’s notice. This means deploying air assets throughout the West Coast and in some cases changing policy to allow flying at night and ensuring availability seven days a week. The same applies to bulldozers and other heavy equipment; they must be pre-approved and ready to respond before any incident occurs, cutting through the red tape.
California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D) and the federal government have not met expectations, offering excuses rather than solutions. The public demands accountability not just promises. It is time for California to adopt common-sense wildfire management, focus on merit, manage natural resources wisely and reduce the bureaucratic hurdles that hinder effective action.
Only then can we address this crisis with the urgency and efficiency it demands.
Frank Ricci is a Fellow at Yankee Institute and was the lead plaintiff in the landmark Supreme Court case Ricci v Destefano. He retired as a Battalion Chief in New Haven CT. He has testified before Congress and is the author of the book, Command Presence.
Censorship Industrial Complex
Mark Zuckerberg Tells Joe Rogan That Biden Admin Would ‘Scream’ And ‘Curse’ At Meta Employees To Censor ‘True’ Content
From the Daily Caller News Foundation
By Jason Cohen
Meta CEO Mark Zuckerberg told podcast host Joe Rogan on Friday that officials in President Joe Biden’s administration would yell and hurl profanities at his company’s employees over content censorship.
The Biden administration pushed Facebook to censor posts about COVID-19 that it deemed misinformation, according to documents published by House Judiciary Committee chairman Jim Jordan in July 2023. Zuckerberg, on “The Joe Rogan Experience,” revealed that also Meta faced investigations and backlash after Biden accused Facebook of “killing people” in July 2021 for not censoring so-called COVID-19 misinformation.
WATCH:
“Basically, these people from the Biden Administration would call up our team and like scream at them and curse,” Zuckerberg said. “And it’s like these documents are — it’s all kind of out there.”
Rogan asked if Meta had recorded any of the calls, but Zuckerberg said he did not believe so.
“I mean, there are emails. The emails are published. It’s all kind of out there …. And basically, it just got to this point where we were like, ‘No, we’re not going to — we’re not going to take down things that are true. That’s ridiculous,’” Zuckerberh said. “They wanted us to take down this meme of Leonardo DiCaprio looking at a TV, talking about how ten years from now or something, you’re going to see an ad that says, ‘Okay, if you took a COVID vaccine, you’re eligible, like for this kind of payment,’ like this sort of like class-action lawsuit-type meme. And they’re like, ‘No, you have to take that down.’”
“We just said, ‘No, we’re not going to take down humor and satire. We’re not going to take down things that are true.’ And then at some point, I guess — I don’t know — it flipped a bit,” he added. “I mean, Biden, when he was — he gave some statement at some point, I don’t know if it was a press conference or to some journalist, where he basically was like, ‘These guys are killing people.’ And I don’t know. Then like all these different agencies and branches of government basically just like started investigating and coming after our company. It was brutal.”
Facebook executives believed they were engaged in a “knife fight” with Biden’s White House on COVID-19 censorship, according to a House Judiciary Committee report published in May.
Zuckerberg in August expressed remorse that Facebook caved to pressure from the Biden administration to censor content in a letter to Jordan. He wrote that senior Biden administration officials “repeatedly pressured” Facebook teams to censor COVID-19 content that the platform otherwise would not have suppressed, and voiced frustration when Facebook disagreed.
“I believe the government pressure was wrong, and I regret that we were not more outspoken about it,” Zuckerberg wrote. “I also think we made some choices that, with the benefit of hindsight and new information, we wouldn’t make today.”
Zuckerberg also alleged in 2022 on “The Joe Rogan Experience” that the FBI warned Facebook of a “Russian propaganda” dump just before the Hunter Biden laptop story broke.
“The FBI basically came to us and some folks on our team and said, ‘Hey, just so you know, you should be on high alert, we thought there was a lot of Russian propaganda in the 2016 election and we have noticed that basically there’s about to be some kind of dump that’s similar to that, so be vigilant,’” he said.
The Meta CEO said he could not recall whether the FBI specifically mentioned the Hunter Biden laptop story, but asserted it fit “the pattern.”
The White House did not immediately respond to the Daily Caller News Foundation’s request for comment.
Meta referred the DCNF to documents released by the House Judiciary Committee and Jordan.
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