March 16, 2006
Legislative Activity
The following legislative alert was sent to club and district officers in
states with senators on the Senate Banking Committee:
Senator David Vitter, R-La., has introduced a Sense of the Senate Resolution
that would eliminate a significant portion of a company's business expense
deduction for the advertising of prescription medicines. In addition to being poor
policy, this resolution would set a horrible precedent for other disfavored
products. It is very important that your senator hears from the advertising industry as
soon as possible that the resolution should be defeated. Please contact your
senator and ask for a no vote. A position paper giving reasons for opposition is
pasted below.
Please send us any response you may get from the senator's office. Do not
hesitate to call Jeff Perlman, executive vice president government affairs,
or Clark Rector, senior vice president government affairs, at (800)
999-2231 if you have any questions or comments. Thank you for your prompt attention to
this important matter.
Oppose the Vitter Amendment That Would Eliminate Half the Deduction for
Advertising Prescription Medicines
Senator Vitter has filed amendment No. 3065 to S. Con Res. 83, the Senate
Budget Resolution. The amendment title is deceiving: "Sense of the Senate on the
Safety of Imported Prescription Drugs."
The amendment says that "Congress should consider legislative changes to
encourage the development of safer, more secure prescription drug packaging that
would ensure the safety of imported prescription drugs and alleviate concerns, such
as tampering, that relate to the importation of lower-priced prescription
drugs."
Then, the Sense of the Senate Amendment recommends a remedy that would:
- Limit tax deductions related to the costs of prescription drug
direct-to-consumer advertising to 1/2 of a pharmaceutical company's budget for the previous year
for research and development expenses; and
- Create a new tax incentive, with the same revenue estimate as paragraph (1) but
redirected to encourage pharmaceutical companies to devote more resources to
developing and deploying improved prescription drug packaging and other safety
technologies.
The Vitter amendment is flawed in several respects:
- First, it attempts to manipulate the Tax Code's ordinary and necessary business
expense deduction by compelling new business activityspending on
development of new packaging and safety technologies.
- The resolution proposes to take away the deduction for all advertising expenses
by an amount that somehow equals half off what the company spent the previous
year on research and development. There is no explanation why a company should be
penalized by losing a deduction only for its advertising that every other
company in the United States is entitled to. For example, a company paying taxes at
the top corporate rate and that spends $100 million on advertising, could lose $35
million.
- A company would lose twice for example if it already had spent money on safety
technologies and packaging and there was no more need for further research in
that area. It would lose the deduction for half its ad costs and gain nothing since
it already had previously spent money researching package safety, which many
companies already have done.
- There is no finding that there is any link whatsoever between the Vitter
amendment and the safety of imported drugs. There has been no hearing in any committee
on Congress on this matter, nor to our knowledge any evidence submitted that the
resolution would produce anything close to the intended result.
- Finance Committee Chairman Grassley in the 108th Congress introduced a bill
designed to encourage the import of prescription drugs by penalizing companies that
resisted importation with the loss of the deduction for all their advertising
costs. Senator Grassley did not reintroduced that measure in the current Congress.
- The amendment could result in a reduction in the amount of important health
related information that Americans receive. Advertising for prescription medicines
helped 30 million Americans learn about a medical condition they never had
discussed before and encouraged them to talk about that condition for the first time
to their doctors. Harvard Medical School research shows that 35 percent of those
Americans suffered from serious health conditions such as diabetes, heart
disease and depression. We should not support a provision that would directly or
inadvertently keep Americans from getting information that keeps them healthy.
- Advertising for prescription medicines reaches out to the six million Americans
who suffer from diabetes but have not been diagnosed. As many as 56 million
Americans have high blood pressure, and yet it appears that 18 million are unaware
they have this silent killer. Another eight million Americans know they have high
blood pressure but are not taking medication. Advertising can help the U.S.
Public Health Service achieve its goal of increasing dramatically the treatment rate
for the 19 million Americans who suffer from depression.