Healthy Skepticism Library item: 12535

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: news

The DTCA Charter Challenge case: What are the different parties saying?
Women and Health Protection 2007 Nov 12
http://www.whp-apsf.ca/en/index.html

Keywords:
See WHP site for links to their submissions and all other affadavits

Full text:

In December 2005, CanWest MediaWorks began a Charter challenge against the federal government, claiming that the Food & Drugs Act prohibition of direct-to-consumer advertising infringes on the company’s freedom of expression. The case has been filed with the Ontario Superior Court of Justice and is expected to eventually go to a higher court.

Early in 2007, Women and Health Protection, as part of a coalition of groups, was granted intervener status (party standing) in the Charter Challenge case of CanWest Mediaworks against the federal government on the issue of direct-to-consumer advertising (DTCA). (Coalition members are: the Canadian Federation of Nurses Unions, Canadian Union of Public Employees, the Canadian Health Coalition, Women and Health Protection, the Communications, Energy and Paperworkers Union of Canada, the Society for Diabetic Rights, the Medical Reform Group and Terence Young.)

For more information see: Current ban on direct-to-consumer drug advertising must be upheld to protect patients and workers, says broad coalition of unions and citizen groups granted intervener status on Charter challenge

Cross-examinations on the case are expected to begin early in the new year (2008). The date for in-court hearings has been set at June 16, 2008. In the meantime, interested parties in defence of Health Canada and of CanWest have submitted affidavits to the court. In close collaboration with members of our coalition, affidavits were submitted earlier this year by Dr. John Abramson of Harvard Medical School (on the impact of DTCA on women) and Jean Belleville, an actuarial consultant based in Montreal (on the impact of DTCA on health benefit costs) All these affidavits, and accompanying exhibits, can be found at: DTCA: CanWest Charter Challenge

Further background about the case can be found in a pamphlet prepared by Women and Health Protection.

CUPE has also prepared background information about DTCA and the legal case.