Volume I

Issue : 11: November 27, 2003

• European Court Rules that Sounds Can be Trade-Marks
• Privacy Commissioner Finds After-the-fact Consent Ineffective
• UN Releases E-Commerce and Development Report 2003
• Internet E-Commerce Complaints Make Top Ten List in Consumer Complaints Survey
• Coca-Cola Ltd. Wins Right to "cocacola.ca" Via CIRA Domain Name Dispute Process
• FTC Comments on Consumer-Directed Promotion of Prescription Drugs
• Extraction of Public Domain Data from a Database Does Not Breach Copyright
• Supreme Court Hears Arguments in Landmark Case (Tariff 22)
• Alberta Enacts Privacy Legislation

Home > Volume I > Issue 11: November 27, 2003 > FTC Comments on Consumer-Directed Promotion of Prescription Drugs

FTC Comments on Consumer-Directed Promotion of Prescription Drugs

On August 12, 2003, the U.S. Food and Drug Administration (the "FDA") issued a request for comments on the effects that consumer-directed promotion of prescription drugs have on the public health. As part of this request, the FDA sought submissions on the kind and format of information necessary to ensure that Internet based promotion of prescription drugs appropriately communicates the risks and benefits of the product.

Recently, in response to the FDA request, staff of the U.S. Federal Trade Commission (the "FTC") submitted its comments. At a general level, the FTC noted that the Internet is a valuable resource for consumers looking for information on prescription drugs. In support of this contention, the FTC cited a Pew Internet Project survey conducted in March 2002, which found that 73 million American adults used the Internet to look for health information. About two out of three of these users searched for information about prescription drugs, and more than half checked the Internet before visiting a doctor.

The FTC also stated that "Internet advertising should be treated consistently with [direct-to-consumer] ads in other media." Regulations under the U.S. Federal Food, Drug and Cosmetic Act distinguish between print and broadcast advertisements, and require a fuller disclosure of the side effects, contraindications and effectiveness of a prescription drug advertised through print than for the same drug advertised through broadcast media. If this distinction is to be maintained, the FTC recommended that the standards for print ads apply to Websites. However, recognizing that the Internet presents unique issues, the FTC felt it would be beneficial if the FDA issued guidance specific to direct-to-consumer ads over the Internet.

For further information on the FTC comments, visit the FTC website:

http://www.ftc.gov/opa/2003/12/fdadtc.htm

For further information, visit the FDA website:

http://www.fda.gov/