Taking Aim at Drug Promotion and Still Missing the Target

May 2008 will be a period of intense, uncomfortable scrutiny for those who market prescription
drugs direct-to-consumers (DTC). Among other things, a subcommittee of the U.S. House of
Representatives’ Energy and Commerce Committee examines the loaded question, “Direct-to-Consumer
Advertising: Marketing, Education, or Deception?” Amid these concerns, it is virtually certain that some
existing Food and Drug Administration (FDA) requirements applicable to DTC print promotions will (once
again) garner no attention even though they confuse consumers and burden and chill effective
communications in violation of the constitutional commercial speech rights of drug marketers.