As critics of the pharmaceutical industry have begun floating the idea of banning direct-to-consumer (DTC) pharmaceutical advertising, the media has largely framed it as a crackdown on “Big Pharma.” But beneath the populist gloss lies a dangerous effort to normalize speech restrictions that should alarm anyone who values the First Amendment or fears such tactics spreading to other sectors, such as energy.
Proponents justify a ban claiming that pharmaceutical ads mislead the public, drive up healthcare costs, and promote products that pose risks to public health. But climate activists have used these exact same arguments in their crusade against America’s most important energy resources.
They have argued that energy companies “mislead the public” by promoting coal, oil, and natural gas without warning that using those resources would somehow cause bad weather events, regardless of science and causation. That argument is the centerpiece of a wave of lawsuits from climate activists in a naked attempt to bankrupt our existing energy industry.
These same activists have argued that refusing to adopt their preferred climate-friendly green technology will “drive up costs” either from the cost of bad weather damage they attribute to climate change, or by missing out on the “efficiency” benefits that thus far have not come to fruition.
And they argue that the so-called “climate crisis” is a “public health” crisis. The World Health Organization has an entire page dedicated to the health impacts of climate change. The World Bank argues that “the climate crisis is driving a global health emergency.”
How long until the left argues that advertisements for oil and gas, gas-powered cars, or even traditional home appliances fit the same risk categories as claimed for pharmaceutical ads?
Once the federal government claims the authority to ban commercial speech based on loose arguments about negative social impacts, there is virtually no limit to where that logic can be applied. If advertising a cholesterol drug can be construed as a health risk, what stops a future administration from declaring that fossil fuel promotion poses an even greater one? Or that a commercial for a pick-up truck is contributing to a public health crisis?
Indeed, the environmental movement has already laid the ideological groundwork. For years, climate activists have likened fossil fuel companies to tobacco firms, arguing they should be subject to the same restrictions. Cities like New York, Los Angeles, and Portland have flirted with banning fossil fuel ads entirely. Now imagine that concept going national, framed not as environmental policy, but as a public health imperative.
Consider that gas stoves have become a culture war flashpoint. Critics argue they emit harmful particulate matter. Would an HHS Secretary sympathetic to that narrative have the power to prohibit companies from advertising gas ranges on television? Or stop Ford from running ads promoting their F-150s with combustion engines, because they emit carbon? Once you grant unelected bureaucrats the ability to censor lawful speech for politically elastic notions of “public health,” the slope becomes not just slippery — it becomes a downhill race. You will have officially mainstreamed the prohibition of commercial speech.
Some defenders of the proposal note that we are one of a very small list of countries that allows direct-to-consumer marketing ads for drugs. But we are also one of a very small list of countries that have market-based energy policy and haven’t adopted cartoonish net-zero targets like the European Union. Whether it’s free speech or energy and industrial policy, we have never taken cues from Europe, and we should not start now.
The right to advertise lawful products is protected commercial speech under the First Amendment. The Supreme Court has made clear that any restriction must directly advance a substantial government interest and be narrowly tailored to achieve that interest. A sweeping ad ban, whether on pharmaceuticals or petroleum, fails both tests. It replaces the judgment of consumers and markets with the whims of administrative ideologues.
America’s energy future should be determined by innovation, consumer choice, and open debate—not by bureaucratic censorship. If Democrats can use a health pretext to suppress ads they dislike today, there is little stopping them from weaponizing that same authority against energy companies tomorrow.
The ad ban proposal isn’t just bad policy—it’s a Trojan horse. If we don’t push back now, we shouldn’t be surprised when the next “public health emergency” is our gas tank or gas stove.
Steve Milloy is a biostatistician and lawyer, publishes JunkScience.com and is on X @JunkScience.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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