Advertising Moratorium Suggested

Making political hay from the difficulties caused by Vioxx and other drugs, Congresswomen Rosa L. DeLauro of Connecticut, chairwoman of the Drug Administration Appropriations Subcommittee, and Jo Ann Emerson of Missouri introduced the Responsibility in Drug and Device Advertising Act of 2008 (H.R. 6151), to the House of Representatives in May, 2008.

Their own press release, dated May 22, 2008, explains what they want the act to do:

1.Establish a three year moratorium on direct-to-consumer ads for new medicines with a possible waiver if the product is proven to to be of affirmative value to public health;
2.Provide authority to require corrective materials to be distributed if drug companies violate the advertising moratorium;
3.Include strong civil penalties that apply to all violations of the ad provisions or other requirements of the Act;
4.Require the advertising to prominently display information about the potential drug and device side effects;
5.Call for a public education campaign on the risks of certain drugs.

This ill-conceived plan deprives pharmaceutical companies of the chance for a reasonable return on their research and development investments.

Such moratoria, while cynically claimed to protect the public, shorten the period of time that innovative medical products can be marketed before manufacturers lose patent protection.

They allow competitors three years to create products to compete with the innovators.

They keep the innovator from establishing market dominance with a product even if the innovation itself creates the category.

How will American manufacturers be able to continue to lead the world in innovation and development if politicians are allowed to interfere in the marketplace?

Let’s suggest a moratorium on all advertising by incumbent politicians until they prove themselves not to be dangerous to the body politic.

J.David Knepper Audio Version

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