; or (B) who is responsible for setting the price for the drug. (6) Wholesale acquisition cost The term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). 309. Moratorium on direct-to-consumer drug advertising The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.) is amended— (1) in section 301 ( 21 U.S.C. 331 ), by adding at the end the following: (eee) The conduct of direct-to-consumer advertising of a drug in violation of section 506J. ; and (2) in chapter V, by inserting after section 506I ( 21 U.S.C. 356f ) the following: 506J. Direct-to-consumer drug advertising (a) Prohibitions (1) First three years (A) In general Subject to subparagraph (B), no person shall conduct direct-to-consumer advertising of a drug for which an application is submitted under section 505(b) before the end of the 3-year period beginning on the date of the approval of such application. (B) Waiver The Secretary may waive the application of subparagraph (A) to a drug during the third year of the 3-year period described in such subparagraph if— (i) the sponsor of the drug submits an application to the Secretary pursuant to subparagraph (C)