13.07.2015 Views

Copyright by Radhika Anantharaman Nair 2005 - The University of ...

Copyright by Radhika Anantharaman Nair 2005 - The University of ...

Copyright by Radhika Anantharaman Nair 2005 - The University of ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Physicians claim that advertising causes patients to come in the <strong>of</strong>fice with aplethora <strong>of</strong> information and physicians are in a passive role <strong>of</strong> answering questions anddispelling false notions. <strong>The</strong>y believe that this could compromise patient care and alsotake time away from the active role physicians want to play in treating the patient. 171Another argument regarding DTCA has been that it might lead to patientsbelieving that physicians are so uninformed and intellectually malleable that they areeasily manipulated into prescribing drugs demanded <strong>by</strong> patients. 172 DTCA can lead toconfusion, unhealthy pressure on the “doctor-knows-best” patient-physician relationship,and increased demand for brand-name costly drugs. 173With these ongoing debates andthe role DTCA is playing in today’s healthcare, the FDA has tried to regulate itextensively.Regulatory Issues for DTCA: Earlier Regulations<strong>The</strong> 1914 Federal Trade Commission Act established a new oversight body topolice advertising claims. Section 12 <strong>of</strong> this act prohibits false advertisements that couldinduce the purchase <strong>of</strong> food, drugs and cosmetics. 174 This became the foundation for theregulation <strong>of</strong> advertising until the 1962 Kefauver-Harris Drug Amendments. In 1938,Congress passed the Food, Drug and Cosmetics (FD&C) Act that granted the FDAjurisdiction over labeling <strong>of</strong> all drugs both prescription and OTC medications. <strong>The</strong> 1962171172173174Holtz WE. Consumer-directed prescription drugs advertising: Effects on public health. Journal <strong>of</strong> Lawand Health. 1998-99;13(2):199-218.Angel JE. Drug advertisements and prescribing. Lancet. November 23 1996;348:1452-1453.Prescription drugs: Little is known about the effects <strong>of</strong> direct-to-consumer advertisements: UnitedStates General Accounting Office, Report to the Chairman, Subcommittee on Oversight andInvestigations, Committee on Energy and Commerce, House <strong>of</strong> Representatives; July 1991. GAOPEMD-91-19.Sachs EA. Health claims in the market place: <strong>The</strong> future <strong>of</strong> FDA and the FTC's regulatory split. Foodand Drug Law Journal. 1993;48:268-?44

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!