Behrens & Silverman: Pharmaceutical Ad Proposals Target Wrong Malady
Efforts to end direct-to-consumer (DTC) pharmaceutical ads are both bad policy and unconstitutional, according to Shook Public Policy Group Co-Chair Mark Behrens and Partner Cary Silverman. Behrens and Silverman coauthored an article in Mealey’s Emerging Drugs & Devices titled “Pharmaceutical Ad Proposals Target Wrong Malady.”
In the article, they identify recent threats to pharmaceutical ads, including a vow from U.S. Health and Human Services Secretary Robert F. Kennedy, Jr., to ban DTC ads, and the proposed End Prescription Drug Ads Now Act. Behrens and Silverman say that such ads educate people about products that could improve or save their lives. They also note that regulatory safeguards are already in place on advertising to protect the public, and viewers must speak with a doctor before accessing a medication.
"RFK Jr. and his allies in Congress say they are seeking to ban DTC ads to protect the public," they say. "Rather than attack truthful, balanced advertisements that inform viewers about available medications, they should seek stronger federal oversight of misleading pharmaceutical lawsuit ads."
