No full-text available
To read the full-text of this research,
you can request a copy directly from the author.
A Modest Proposal to Slow Rising Pharmaceutical Prices: Abolishing the Tax Exemption for Broadcast, Branded, Direct-to-Consumer Advertising
ResearchGate has not been able to resolve any citations for this publication.
How does DTC marketing affect the patient-physician relationship? Do the ads serve a valuable educational purpose? How has DTC advertising changed physicians' liability in suits brought by patients? Two experts answer these and other questions.
In the last ten years, there have been several significant developments in federal regulation of advertising. In this Article, Professor Pitofsky examines the economic and legal justifications for ad regulation, suggests the contours of a consumer-oriented regulatory program, and assesses recent departures from traditional ad regulation by the Federal Trade Commission.
The Food and Drug Administration (FDA) regulates the promotion of pharmaceutical products. The FDA's regulations issued under the Food, Drug and Cosmetic Act (FDCA) require that prescription drug broadcast advertisements include the following: (1) a major statement of the product's risks in at least the audio part of the advertisement; and (2) that an adequate provision for the dissemination of the approved package labeling be made “in connection with the broadcast presentation,” if the brief summary is not also part of the advertisement. Under the FDCA, the brief summary provides information concerning the major risks of the drug.
Prescription Drug Maker's Ad Stirs Debate Over Marketing to Public
- See Michael
35 See Michael Waldholz, Prescription Drug Maker's Ad Stirs Debate Over Marketing to Public, Wall St. J., Sept. 22, 1987, § 2, at 35, available in Westlaw at 1987 WL-WSJ 303507. 36 See FDA Hearing Notice, 60 Fed. Reg. 42,581, 42,582 (1995).
Just Say No': The Constitutionality of Consumer-Directed Advertising of Pre-scription Drugs
- See D Michelle
- Ehrlich
40 See Michelle D. Ehrlich, Doctors Can 'Just Say No': The Constitutionality of Consumer-Directed Advertising of Pre-scription Drugs, 12 Hastings Comm/Ent L.J. 535, 562 (1990). 590 (1971) (Justice Skelly Wright writing in dissent).
Legislators may move on DTC drug advertising: concern that ads contribute to rising drug prices, Advertising Age 72 available in Westlaw at 2001 WL 5298977. 228 See AMA Urges Expanded FDA Funding for DTC Over-sight, Ban on Ads Rejected, The Pink Sheet 62
- David 227 See
- Ira Goetzl
- Teinowitz
227 See David Goetzl and Ira Teinowitz, Legislators may move on DTC drug advertising: concern that ads contribute to rising drug prices, Advertising Age 72, *3, April 2, 2001, available in Westlaw at 2001 WL 5298977. 228 See AMA Urges Expanded FDA Funding for DTC Over-sight, Ban on Ads Rejected, The Pink Sheet 62, *1, December 11, 2000, available in Westlaw at 2000 WL 8635599. 229 See Goetzl & Teinowitz, supra note 227. 230 See supra note 228.
Medicare Prescription Drug Benefits, Cong. Testimony
- B 30 See Morris
- M D Mellion
30 See Morris B. Mellion, M.D., Medicare Prescription Drug Benefits, Cong. Testimony, June 23, 1999, available in West-law at 1999 WL 20009218. 31 See J. Howard Beales, III, Economic Analysis and the Reg-ulation of Pharmaceutical Advertising, 24 Seton Hall L. Rev. 1370, 1384 (1994).
Health Journal: Drug Ads Spur Patients to Demand More Prescriptions
- See Elyse
- Tanouye
33 See Elyse Tanouye, Health Journal: Drug Ads Spur Patients to Demand More Prescriptions, Wall St. J., Dec. 22, 1997, at B1, available in Westlaw at 1997 WL-WSJ 14178341. 34 See Direct-to-Consumer Promotion, Public Hearing, 60 Fed. Reg. 42,581, 42,582 (1995).
of Pharmacy v. Virginia Citizens Con-sumer Council
- Virginia See
- State
222 See Virginia State Bd. of Pharmacy v. Virginia Citizens Con-sumer Council, 425 U.S. 748, 757 n.15 (1976).