Parker Waichman LLP

Influential Democrat Calls for Ban of Certain New Drug Ads

Speaking at an industry conference yesterday, Representative Henry Waxman—the soon-to-be head of the House Energy & Commerce Committee—is looking to give more power to the U.S. Food and Drug Administration (FDA) when it comes to airing direct-to-consumer (DTC) drug advertisements, says Pharmalot.  Waxman, a California Democrat, is working to have these ads banned when a […]

Speaking at an industry conference yesterday, Representative Henry Waxman—the soon-to-be head of the House Energy & Commerce Committee—is looking to give more power to the U.S. Food and Drug Administration (FDA) when it comes to airing direct-to-consumer (DTC) <"https://www.yourlawyer.com/practice_areas/defective_drugs">drug advertisements, says Pharmalot.  Waxman, a California Democrat, is working to have these ads banned when a new drug hits the market, reports Reuters.  Such drugs are often available to consumers before a medication’s risks have come to full light, which can place American consumers in danger of a drug’s unrevealed adverse effects.

Waxman is planning on pursuing this issue, among others, including other healthcare-related matters, said Reuters, when the new Congress meets in January.  Quoting Waxman at the conference, Reuters reported, “It is in these first few years of a drug’s life that drug companies often aggressively market their products and engage in direct-to-consumer advertising. This increases the number of consumers exposed to safety risks of new products long before those risks are truly understood.” 

Waxman spoke at a conference sponsored by watchdog group The Prescription Project, a known critic of industry marketing.  The Prescription Project recently alleged that device makers were illegally advertising on the popular video-sharing Website YouTube.com and also petitioned the FDA to require three device makers—Abbott Labs, Medtronic, and Stryker—to withdraw their illegal YouTube.com video ads, which were missing federally mandated warnings.

In 2007, Waxman supported Congress in its efforts to allow the FDA to ban television ads for some new drugs for up to three years, but only if officials found the ban was in the best interest of public health, said Reuters, noting that if implemented, the ban would be decided on a case-by-case basis.  “That concept makes a great deal of sense and can provide FDA an important tool to protect the public health,” Waxman said, according to Reuters.  Unfortunately, that effort failed because some lawmakers fought the move arguing that, if passed, it would violate freedom of speech, reported Reuters, which added that, instead, Congress allowed FDA some added weight to assess fines on companies found “running false or misleading promotions.”

Drug marketing campaigns have long been criticized for exaggerating benefits, playing down side effects, and creating an environment in which excessive prescribing practices are the norm, said Reuters.  But, notes Reuters, drug makers claim that the ads are helpful, better enabling consumers to learn about new treatment options, adding that voluntary guidelines have been followed by some drug makers which urge manufacturers to hold off on such advertising for “an appropriate amount of time” to allow them to discuss the emerging medications with physicians before ads run.

At a U.S. Senate Special Committee on Aging Chairman Herb Kohl (Democrat-Wisconsin) held hearings to determine if DTC advertising adequately explained any health risks associated with medical devices.  At the hearing, reports The Prescription Project, one expert testified that, “78 percent of surgeon respondents surveyed believed their patients were ‘confused or misinformed about the appropriate treatment for their condition based on an advertisement.’”

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
They are very fast in their work recommended
Katty Chamorro
4 months ago
5 Star Reviews 150
Christina Morace was assigned to my husband’s case and she has been absolutely wonderful. She is the epitome of professionalism she clearly explained every step of the process and always quickly responded to any inquiries you may have based on her treatment of us alone I would recommend Parker Waichman to anyone seeking the legal service they provide.
B Holt
2 years ago
5 Star Reviews 150
Working with Joanne and Jillian, these two were on top of things from the get go. I had never been through this type of situation before, so they guided me through the process and explained everything that was going on in a way that I could understand it. Definitely recommend them to anyone in need.
William Pilc
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038