An Act: To Ban The Direct Consumer Advertising of Drugs.

Posted on June 21, 2022 by Linda Milkes

A Bill, by Linda Milkes and Dr. Judy Mikovits:

Introduction:

Direct-to-consumer (DTC) advertising of drugs is banned in other countries. The US is one of two nations that allows it. It needs to be banned in the US.

https://www.washingtonpost.com/world/2021/03/08/harry-meghan-oprah-interview-pharmaceutical-ads/

In 1997, the FDA issued draft guidance (and final regulations in 1999) that allowed broadcast DTC (direct-to-consumer) product claim ads to only have to include a “major statement” and “adequate provision” rather than listing all product risks. 

https://en.wikipedia.org/wiki/Direct-to-consumer_advertising 

In 1997, drug companies spent $1.3 billion on DTC advertising. In 1999, it was $1.6 billion. The next year it was $2.5 billion. By 2004, $4.4 billion. 2016-2018, about $6 billion/yr. It almost quadrupled in 20 years. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3278148 

https://www.gao.gov/products/gao-21-380 

‘Forbes cited a House Commerce Committee’s findings that “for every $1,000 spent on prescription drug ads, 24 new patients were added for the pharma industry”.’ 

https://www.orientation.agency/insights/pros-cons-of-direct-to-consumer-advertising-in-pharma 

Starting from a position that no conditions are due to a drug deficiency, the proliferation of drug ads apparently leads to people going to the doctor and asking for a drug they might not need. All drugs carry risks along with any possible benefits. Hippocrates said, “Let food be thy medicine.” That is still a true statement.

Furthermore, I have observed over the years that today’s wonder drug becomes tomorrow’s class-action lawsuit. Knowing that chronic disease is so high in the US compared to other countries, so many people are on 1 drug or more habitually, coupled with the fact that only the US and one other country allow the direct-to-consumer advertising of drugs, the answer seemed clear. Stop the advertising.

Drug ads need to go away as did tobacco ads. Cigarette brands used to be major sponsors of TV shows. Doctors used to recommend them even for youth and pregnant women. In 1971, the Federal Communications Commission (FCC) banned cigarette ads on any electronic media. The Federal Trade Commission (FTC) was also involved with this change, which also included cigarette package labelling. https://www.history.com/news/cigarette-ads-doctors-smoking-endorsement 

http://www.ftc.gov/bcp/tobacco/Title15_Ch36.pdf 

https://en.wikipedia.org/wiki/Regulation_of_nicotine_marketing 

My position is that drugs should be the last resort. All drugs are invasive because they all have side effects. The various commercials and news reports of class action lawsuits about drugs are enough to warrant careful consideration of taking any of them. Notable examples are Vioxx, Paxil, Risperdal, and Lyrica. That’s 4 of the top 10 drug companies right there.

https://www.legalscoops.com/5-famous-class-action-lawsuits-against-pharma-companies/ 

https://www.beckershospitalreview.com/pharmacy/top-10-pharma-companies-by-revenue-in-2020.html 

Drug companies are permitted to advertise drugs directly to healthcare professionals.

Our Proposed Law: 

21 CFR § 202.1 Prescription-drug advertisements.

(a) Advertisements for prescription drugs are strictly prohibited in all electronic and printed media, including but not limited to television, radio, telephone communication systems, websites, social media, online video platforms, newspapers, magazines, and other public periodicals.

(b) Drug companies are only permitted to advertise drugs directly to healthcare professionals.

The following is current law, and is repealed in its entirety by “Our Proposed Law” above.  

Existing Law:

21 CFR § 202.1 Prescription-drug advertisements.

(This law goes on for many, many pages.)

ENDORSEMENTS:

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