Kudos to the Washington Legal Foundation for continuing its defense of First Amendment freedoms and the market process against encroachment by federal regulators. The conservative organization has just filed a petition in the case of direct-to-consumer advertising by pharmaceutical companies. You?ve seen the TV ads for drugs treating arthritis, hypertension, and other conditions. The Food and Drug Administration has been sending advertisers warning letters that threaten regulatory action unless they change or stop running certain ads. These letters don?t cite evidence proving that a questioned ad?s claims are false or misleading, and they apply standards that don?t make sense legally or logically.
More generally, the FDA and its backers in Congress seem convinced that this kind of advertising harms consumers, either by downplaying risks or inducing demand for unnecessary medications. But the best-available evidence is that such advertising serves consumers well by informing them of new treatments, facilitating competition among drugs, and encouraging them to see their doctors about symptoms signaling serious medical conditions that, if left untreated, could do serious harm to patients. More importantly, when any individual or company spends its own money to make truthful advertising claims, the government has no legitimate role policing that speech. You may think that?s just common sense, but believe it or not there is a large group of lawmakers, regulators, and anti-market activists who don?t agree. Good thing the Washington Legal Foundation is on the case.
