We’ve all seen those commercials in which some actor playing a patient with a serious medical condition such as Crohn’s disease, diabetes, or even lung cancer is smiling after receiving a new prescription medication. He or she is saying how great they feel, and we see them walking hand-in-hand with their spouse, sun shining, birds singing. Then the announcer rapidly fires off the side effects and risks for this new medication. The tagline is “Ask your doctor if ‘acme’ drug is right for you.” I want what she’s having!
Direct-to-consumer advertising (DTCA) for drugs has been legal in the United States since 1997. In fact, the only two countries where it’s allowed are the United States and New Zealand. Its legality in the United States is a side step of a 1982 ruling by the FDA that DTCA didn’t inherently violate FDA administrative law and regulations.
