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alejohausner | 7 months ago

I’ve heard RFK say that it’s hard to ban TV ads for drugs. They are “speech” according to the 1st amendment, or something like that.

Too bad. News broadcasts are full of those ads, and hence TV journalists are loath to investigate the people that pay their salaries.

discuss

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vel0city|7 months ago

There's loads of precedent pointing to commercial speech such as marketing as having some specific carve outs on the right to free speech. After all we have limits on tobacco marketing and food labeling requirements.

HenryBemis|7 months ago

The politicians are getting funded/paid (lobbying/donations) by the very same people/companies that pay the ad revenue to those media. Why on earth would politicians legislate against their actual bosses? (As a real life reminder - a dog that bites the hand that feed him is put down). Courts btw don't make up shit.. they 'judge' (verb) with the criteria of 'what does the law define'. So if politicians legislate wisely, courts will enforce any 'parliamentary' and/or executive order to ban the advertisements of medicine.

But they won't. Not until push-comes-to-shove, and the true bosses will reposition to 'the next thing' (smoking, sugary-foods, medicine) and then they will allow the politicians to finally block meds ads. In which case the 'next wave' will begin. Story as old as time...

kongolongo|7 months ago

Consumers can directly buy alcohol and tobacco, they cannot buy prescription drugs directly. If there is a problem isn't the primary culprit the prescriber?

temporallobe|7 months ago

It’s baffling that TV ads for alcohol and cigarettes are illegal, but pharmaceuticals? That’s free speech!

brookst|7 months ago

TV ads for cigarettes are not legal in the US at least. And alcohol ads have a bunch of weird regulations like they can’t show people in the act of drinking (holding the booze is fine).

tehwebguy|7 months ago

Pretty sure the cigarette companies are stoked they can’t / don’t have to spend any money on TV ads

TylerE|7 months ago

They were illegal up until quasi recently… mid 90s IIRC. I believe it was right around the time of Viagra - probably not a coincidence.

aspenmayer|7 months ago

Close, 1982 for print, 1983 for TV. You’re thinking of Rogaine, I think.

https://en.wikipedia.org/wiki/Direct-to-consumer_advertising

> Merck published the first print DTC ad for a pneumonia vaccine targeting those aged 65 years and older, and Boots Pharmaceuticals aired the first DTC television commercial in 1983 for the prescription ibuprofen Rufen.

But that sentence was worded weirdly, so I checked the sources. This is one of the two for that part:

https://web.archive.org/web/20250114005757/https://adage.com...

> While 2006 marks the 10-year anniversary of the Claritin ad, it was actually 24 years ago that the FDA unwittingly opened the door to DTC. Speaking at the American Advertising Federation conference and addressing the Pharmaceutical Advertising Council, then-FDA Commissioner Arthur Hull Hayes Jr. summarized the state of drug advertising, saying it "may be on the brink of the exponential-growth phase of direct-to-consumer promotion of prescription products."

> Drug companies jumped on the phrase "exponential growth" and took it to mean the FDA, however tacitly, supported DTC.

> 'Opening a closed door'

> "It was viewed by the industry as FDA opening a closed door," said Kenneth R. Feather, a former associate FDA commissioner.

> A year later, in 1983, Boots Pharmaceuticals aired the first direct-to-consumer TV ad when it promoted its prescription ibuprofen medication, Rufen. The company also ran newspaper ads at the same time. That was in May; by September, the FDA asked the industry for a voluntary moratorium on drug advertisements. (Ibuprofen actually went over the counter a year later.)

> In 1984, Upjohn sponsored a major conference on DTC advertising in Washington, D.C., where it made no bones about expressing its opposition to the practice. But less than five years later, Upjohn was touting the merits of DTC after its hair-restoration medication, Rogaine, was approved by the FDA and needed to be marketed.

bnjms|7 months ago

I wonder if it would be possible to ban visuals on these ads. To allow only text.

freejazz|7 months ago

It's not and that's bullshit from RFK.

more_corn|7 months ago

The biggest war advertising ever won was manipulating us into classifying their manipulation as speech.

Convincing people to buy things they don’t want or need shouldn’t be protected speech. Convincing people to take medication they don’t need is the pinnacle of idiocratic capitalist absurdity.