Is the FDA Trying to Ban Direct-to-Consumer Drug Ads?

The Trump Administration has been exploring new ways to tighten requirements for direct-to-consumer advertisements for prescription drugs. In its recent budget proposal, the Food and Drug Administration is asking Congress for new powers to deem drugs misbranded if they lack "fair balance" or create a "misleading impression" about a drug's approved uses or efficacy. In recent months, FDA has sent letters to Novo Nordisk, Argenx, and Sobi concerning ads it termed false or misleading. While some argue that banning drug ads on TV and online will lower drug prices and address overprescription, critics point out these increased efforts may violate the First Amendment's protection of commercial speech. The Supreme Court held in 1976 that prescription drug advertisements are protected by the Constitution and it reaffirmed this principle again in 2011, underscoring that the government may not ban truthful, non-misleading ads. Is the FDA trying to regulate away ads that it can't outright ban? How do these efforts implicate patients and their access to healthcare information? Join a panel of experts as they explore the constitutional and policy questions raised by the FDA's crack down on direct-to-consumer drug ads. Featuring:Paul Avelar, Senior Attorney, Institute for JusticeJeff Stier, Policy Advisor, Heartland Institute(Moderator) Dan Troy, Managing Director, Berkeley Research Group