Advertisers say new drug bill would restrict commercial speech

Broadcasting companies and advertisers (the two interested parties with the most revenue to lose) are vigorously fighting the new drug safety bill before Congress. According to Broadcasting & Cable:

the Advertising Coalition said they want [John Dingle D-Mich] to oppose parts of the Enhancing Drug Safety and innovation Act of 2007 (H.R. 1561), that would include a three-year waiting period before ads could air for new medications, preclearance of ads by the FDA, and mandated warnings.

The Advertising Coalition, which includes advertising groups, the National Association of Broadcasters, the National Cable & Telecommunications Association, and the National Newspaper Association, claims that the bill is unconstitutional, and offered up a monetary penalty system for false advertising in its stead.

Obviously, a monetary penalty would be nothing more than a slap on the wrist for Big Pharma — or else the coalition wouldn’t suggest it. It would change nothing, which is exactly the outcome they want.


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