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.