Legislators Take Aim at Direct To Consumer Advertising

According to the New York Times, several bills have been introduced in the House to restrict or ban TV advertising for pharmaceuticals. However, restricting or banning these ads often runs afoul of free speech rights.

According to the NYT, Henry Waxman, Democrat from California, favors giving the FDA the power to bar consumer advertising for new drugs for an initial period after approval. Given that many drugs are approved before any real-world experience with the drugs has taken place many of the risks of a certain drug are not known. It is not until the drug has been on the market for several years that the risks are better understood. So, it makes sense to limit new drugs to patients who have not seen them on T.V., but have been prescribed to them by physicians who know them, their histories and medical conditions, not too mention the other prescriptions they take.

Delaying the availability of direct to consumer T.V. advertising may well have prevented numerous individuals from being injured by such "blockbuster" drugs as Vioxx, Lipitor, Yaz/Yasmin, and Ortho Evra just to name a few. Such limitations are not likely to be enacted any time soon because the broadcasters, newspaper and pharmaceutical lobbies are just too powerful to allow a law that would protect consumers, but hurt big business' bottom line.