Possible Limits to be Placed on Drug Advertisements

There has always been a large debate on whether Drug Companies should advertise their products. In fact as we have read one of the first cases that played a significant role in shaping advertising law dealt with advertising prescription drug prices. (Virginia Pharmacy Bd. v. Virginia Consumer Council) This article discusses regulating advertisements for newer drugs because of the risks/side effects that companies may still be unaware of. The key I think to getting this type of regulation passed is brought up in the article: "if officials decided it was necessary to protect the public health." I think this is a strong platform for supporters of the regulation to stand on. From this they could make a case within the commercial speech doctrine based on this platform. Because truthful advertising can be regulated as long as certain criteria are met.

The Article:
By Lisa Richwine
WASHINGTON (Reuters) - A key Democrat made a renewed call on Monday for giving regulators the power to ban advertisements to consumers when a new medicine first reaches the market and risks are not fully known.

Rep. Henry Waxman listed the idea as one of many he would like to pursue as chairman of the House of Representatives Energy and Commerce Committee after a new Congress convenes in January and starts to tackle a range of health-care issues.

"It is in these first few years of a drug's life that drug companies often aggressively market their products and engage in direct-to-consumer advertising. This increases the number of consumers exposed to safety risks of new products long before those risks are truly understood," Waxman said at a conference sponsored by The Prescription Project, a group critical of industry marketing.

The California Democrat supported congressional efforts in 2007 to allow the Food and Drug Administration to ban television commercials for a new medicine for up to three years if officials decided it was necessary to protect the public health. The ban would not apply to all drugs, but officials would decide case by case if limits were needed.

Here is the full article: http://www.reuters.com/article/politicsNews/idUSTRE4B77LU20081208