Did you know the FDA has issued over 1,000 licenses for AI-driven medical devices? Rep. Jay Obernolte (R-CA) dropped that tidbit during the Capitol Hill Day hosted by the American Association of Advertising Agencies (4As) and Association of National Advertisers (ANA) on Wednesday, May 7.

I attended as a board member of the Coalition for Healthcare Communication (CHC), the healthcare arm of the 4As. Capitol Hill Day always provides a fascinating glimpse into “how the sausage is made,” especially this year, as AI, privacy, and retaining deductibility of advertising and marketing expenses were the focus of the meeting.

AI legislation

Obernolte was a member of the House Bipartisan Task Force on Artificial Intelligence that delivered their final report in December, recommending balancing AI innovation with appropriate guardrails against misuse. Among key recommendations was that U.S. regulators “should use their existing authority to respond to AI use within their individual domains of expertise and the context of the AI’s use.”

That means the FDA will be responsible for AI use in the products they regulate, which is good news for our industry. Obernolte is confident that bipartisan legislation will be forthcoming.

National privacy law

Rep. John Joyce, MD (R-PA), vice chair of the House Committee on Energy and Commerce, leads the privacy working group established after the American Privacy Rights Act, or APRA, did not pass Congress. He told attendees there is broad support for national privacy legislation but obstacles remain, including preemption of multiple state privacy laws. Although Joyce emphasized his group was taking input from all sources, the working group is Republican.

Ad tax deductibility

The ability to deduct advertising expenses was again rumored to be a target as Republicans produce a budget, including the potential to single out the healthcare sector. In part, because of CHC action, that deduction appears safe, as confirmed in private meetings with Congressional staff.

Sausage making

Bipartisan task forces, party working groups, and direct education and discussion with members of Congress are all part of our legislative process, as the CHC and 4As continue to advocate on key issues concerning healthcare marketers.

John C. Carter is Chief Strategy Officer, the Wyanoke Group, parent company of Healio, and Secretary, Board of Directors, Coalition for Healthcare Communication.

References:

• U.S. House of Representatives. (2024). House Bipartisan Task Force on Artificial Intelligance. https://republicans-science.house.gov/_cache/files/a/a/aa2ee12f-8f0c-46a3-8ff8-8e4215d6a72b/A163BDBF496ADA741F831E5BEBBCA06699B6AFF8CC34F4FDC4065BDA298295DF.ai-task-force-report-final.pdf. Accessed May 8, 2025.
• U.S. Senate. The Americans Privacy Rights Act of 2024. (2024). https://www.commerce.senate.gov/services/files/E7D2864C-64C3-49D3-BC1E-6AB41DE863F5#:~:text=The%20Act%20would%20prohibit%20the,against%20violations%20of%20the%20Act. Accessed May 8, 2025.