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Healthy Skepticism Library item: 7557

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

Waxman HA.
A history of adverse drug experiences: Congress had ample evidence to support restrictions on the promotion of prescription drugs.
Food Drug Law J 2003; 58:(3):299-312


Abstract:

This paper discusses a notice issued by the Food and Drug Administration (FDA) that there may be a case for ceasing to enforce many of the promotional/marketing restrictions of the Food, Drug, and Cosmetic Act (FDCA). The FDA currently believe, under the First Amendment, pharmaceutical companies should be trusted to provide products to the public that live up to their promotional claims. The author provides the history of FDCA and incidents of public harm, misleading advertising by manufacturers, and debates the justification for the FDA’s issued notice.

Keywords:
Adverse Drug Reaction Reporting Systems Advertising*/legislation & jurisprudence Drug Industry*/legislation & jurisprudence Humans Patient Participation Pharmaceutical Preparations/adverse effects United States United States Food and Drug Administration

 

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Cases of wilful misrepresentation are a rarity in medical advertising. For every advertisement in which nonexistent doctors are called on to testify or deliberately irrelevant references are bunched up in [fine print], you will find a hundred or more whose greatest offenses are unquestioning enthusiasm and the skill to communicate it.

The best defence the physician can muster against this kind of advertising is a healthy skepticism and a willingness, not always apparent in the past, to do his homework. He must cultivate a flair for spotting the logical loophole, the invalid clinical trial, the unreliable or meaningless testimonial, the unneeded improvement and the unlikely claim. Above all, he must develop greater resistance to the lure of the fashionable and the new.
- Pierre R. Garai (advertising executive) 1963