Direct-to-consumer advertising for prescription drugs (DTCA-PD) is currently banned in the EU, but the pharmaceutical industry (supported by key member states and DG Enterprise) made two major attempts to overturn it in the 2000s at the EU level and failed. What does this failure imply for the debates surrounding this policy area and EU health policy in general? To explore this question, this article will define DTCA-PD, examine its pros and cons, provide a brief overview of EU health policy and present a detailed review of the two recent attempts to overturn the ban. Following this, it will examine the five key elements of EU health policy, evaluate their relevance to the development of the EU's policy towards DTCA-PD and briefly speculate on the future of the ban.