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Lawmakers debate limiting TV/streaming prescription drug ads; pharma warns of free-speech and patient-impact risks

March 03, 2026 | 2026 Legislature MN, Minnesota


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Lawmakers debate limiting TV/streaming prescription drug ads; pharma warns of free-speech and patient-impact risks
Senate File 3650, introduced by Senator Draheim, would restrict television and streaming advertising for prescription drugs. The author framed the proposal as a consumer-protection measure to reduce marketing-driven drug costs and misinformation, and suggested the issue belongs in Judiciary for constitutional review.

Jessica Lynch, representing pharma, testified in respectful opposition, saying the ads help patients recognize symptoms and discuss treatments with doctors and warning of constitutional free-speech problems. "Senate file 36 50 would now prohibit prescription drug advertising on TV or streaming service to Minnesotans," Lynch said, and argued the bill raises serious First Amendment and preemption concerns.

Committee members debated federal preemption and the Commerce Committee's authority to regulate advertising; some members expressed interest in moving the issue to Judiciary to vet constitutional questions. The committee voted to recommend SF3650, as amended, be referred to the Judiciary and Public Safety Committee.

What happens next: SF3650 was advanced to Judiciary for further legal review.

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