California patients deserve protection from misleading healthcare advertising. AB 1990 claims to protect patients but in reality, it places new unnecessary burdens on licensed, highly regulated pharmacies while leaving many of the entities responsible for problematic advertising practices largely untouched.
The advertising practices cited by supporters of AB 1990 are often created and distributed by:
Telehealth companies
Lead-generation platforms
Wellness businesses
Digital marketing firms
Many of these entities operate outside the California Board of Pharmacy’s jurisdiction. Yet AB 1990 relies primarily on Board of Pharmacy enforcement—meaning the bill would impose substantial new requirements on licensed pharmacies while failing to adequately address the actors driving the conduct that prompted legislative concern.
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AB 1990 creates significant new burdens
The bill adds new requirements related to advertising and disclosures, ingredient sourcing, testing and documentation, and manufacturing standards.
These mandates have not been shown to improve patient safety, and they could reduce access to medically necessary compounded medications prescribed when commercially available products cannot meet a patient's needs.
AB 1990 would create barriers that make it harder for patients to obtain medications their prescriber says they need through licensed, regulated healthcare providers.
For patients who rely on compounded therapies—including those with allergies, dosage needs, or treatment requirements not met by commercially available products—reduced access can have real consequences.
Stakeholder amendments previously submitted to the bill author would correct these shortcomings. Those amendments would directly address misleading advertising, establish enforceable standards that apply to the appropriate actors, prohibit inappropriate marketing practices, and preserve access to clinically significant compounded therapies.
The legislators face a straightforward choice: Amend the bill so it addresses the actual problems, or risk advancing legislation that burdens regulated pharmacies while leaving significant gaps in enforcement and patient access.
