Posting date: April 28, 2004
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Health Affairs, 10.1377/hlthaff.w4.256
Copyright © 2004 by Project HOPE


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Perspective: Ensuring That Consumers Receive Appropriate Information From Drug Ads: What Is The FDA’s Role?

Henry A. Waxman 1*

1 Henry Waxman (D-CA) is a member of Congress representing California’s 30th District and is the Ranking Minority Member of the House Committee on Government Reform. He has represented the Los Angeles area in the House since 1974. He is the coauthor of the landmark Waxman-Hatch prescription drug law and has been one of Congress’s most active members on issues such as Medicare, Medicaid, FDA reform, and prescription drug pricing.

*Corresponding author.

  Abstract

The promise of direct-to-consumer (DTC) prescription drug advertisements lies in their potential to educate consumers about medical conditions and the possibility of treatment. But this promise can only be fulfilled if consumers are given clear and accurate information. The responsibility for ensuring that this occurs falls on the Food and Drug Administration (FDA). Recent congressional investigations have indicated that the agency is failing at this task, as FDA enforcement actions against false and misleading ads have declined precipitously in recent years. Other FDA efforts, such as its recently released guidelines on prescription drugs, do not appear to be helpful, potentially confusing consumers more than helping them.

Key Words: Consumer Issues, Legal/Regulatory Issues, Media, Pharmaceuticals, Ethical Issues, Health Spending


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