DTC Ads
Regulations
Pollay, Holbrook & Models
100
In 1997 this organization relaxed regulation of DTC Ads.
The FTC
100
Eggs
All of these are regulated by the FDA except: Mascara Eggs Cigarettes Bottled water
100
Pollay calls all advertising professionals these two things:
Sophisticated and Self-Serving
200
Name two segments of the population who are considered "vulnerable" targets of DTC ads.
Who are older consumers and individuals who consider themselves in poor health.
200
The FCC
Indecency, profanity, and obscenity are three regulations of this organization.
300
Several Options: FDA reviews only a small sample of submitted material No systematic process for reviewing material Takes long time to conduct reviews Compliance has been weak – no repercussions
This is one complaint of current FDA regulation of DTC ads.
300
BBB
This regulatory organization is made up of many different branches rather than just one central organization.
400
Name four arguments showing the positive effects of DTC ads.
Disease awareness Education about treatment options Information seeking behavior Prescription compliance Giving more, valuable, information Informs about risks Prompts patient/ doctor communication Discuss conditions not previously discussed Lead to new diagnoses Limited evidence of over diagnoses
400
Overstated Efficacy
What was the largest portion of advertising violations in 2013?
500
JUSTIFYING: 1) Many new drugs offer significant therapeutic advantages. 2) The function of DTC ads is to bring major advances to the attention of the public 3) Drugs subject to DTC ads have favorable benefit/harm ratios. JUSTIFYING MORE REGULATION: 1) DTC is created for profit, not for health and education 2) DTC leads to inappropriate prescribing of medications 3) DTC mislead the public 4) DTC ads medicate normal aspects of health and aging -lifestyle drugs 5) DTC increase pressure for doctor visits; increase Primary Care Physicians workload 6) DTC have damaging impact on physician/patient relationship 7) DTC leads to increased drug costs in overall medical cost structure.
What are two arguments justifying that current regulation is sufficient of DTC ads AND what are two arguments justifying more regulation of DTC ads?
500
1. Was the advertising deceptive or misleading, or did it promote an unlawful product or service? 2. Is there a substantial state interest to justify the regulation? 3. Does the regulation directly advance the state interest? 4. Is there a “reasonable fit” between the state interest that is being asserted and the government regulation? Is the regulation no more extensive than it needs to be to satisfy this interest?
What are the 4 questions to ask in the Central Hudson test?
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