Healthy Skepticism Library item: 15601

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: Journal Article

Moynihan R.
Canadian media company demands right to publish direct to consumer drug advertising
BMJ. 2009 May 8; 338:
http://www.bmj.com/cgi/content/extract/338/may08_2/b1912

Abstract:

A long legal battle over advertising drugs directly to consumers is drawing to a close in Canada’s Superior Court.

The Canadian media giant Canwest is suing the federal government, claiming that the prohibition on advertising prescription drugs directly to the public is a contravention of the constitutional charter guaranteeing free speech.

In a document tendered to the court Canwest’s legal team has described the prohibitions as “paternalistic and anachronistic.” It argues that “truthful, balanced and fair statements containing information that is useful to patients cannot be curtailed” under the Canadian Charter of Rights and Freedoms.

The summary of the media company’s position, given in a 67 page “factum” provided to the court, is that the Canadian government already allows its citizens to be “bombarded” with direct to consumer advertisements in United States television, magazines, and the internet, “all of which the government permits to be distributed in Canada without restriction.”