The First Amendment And Pharmaceutical Promotion

In Health Affairs, Jerry Avorn from Harvard Medical School writes, “traditionally, communication about medications has been granted a privileged status different from that accorded to other forms of communication. This makes sense for several reasons… (One) reason that the nation has determined that drug promotion should be more restricted than promotional statements about, for example, toasters or computers, is that the consequence of getting a medication-use decision wrong can be catastrophic. This helps explain why so many of us are worried about the growing movement to consider the promotional claims of drug makers to be in a class of commercial free speech protected under the First Amendment. While overtly fraudulent statements would not be permitted (“This pill will make you live forever”), a study used in promotional materials could be inaccurate or misleading in many ways without being overtly fraudulent.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s