The FDA Approach to Defining Misleading Advertising

摘要: The amount of time, effort, and money invested to promote prescription drugs in this country is staggering. It estimated that over $1 billion are spent annually disseminate information the physician. This figure more than three times total annual budget all U.S. medical schools, it constitutes out every $1000 American gross national product. Drug promotion was not regulated with any consistency until early 1960s. At disclosures before Senator Kefauver's Subcommittee on Antitrust Monopoly revealed advertising professions had resulted serious abuses which required new, specific controls for protection public. On October 10, 1962, Amendments Federal Food, Drug, Cosmetic Act gave jurisdiction drug Food Administration (FDA). In most cases, whether a advertisement false can be objectively determined independent impact may have consumer. For example, if an ad penicillin medication claims cure certain types breast cancer, claim disproved without input from consumer/reader ad. difficulty lies mainly contains true, letter-perfect regulatory standpoint, yet still creates misleading impression.