$10 MILLION FINE PROPOSED FOR MISLEADING DRUG ADS

Legislators Want to Boost FDA Enforcement

By Published on .

Most Popular
WASHINGTON (AdAge.com) -- Two congressmen introduced legislation in the House of Representatives today that would allow the Food and Drug Administration to fine drug makers $10 million for misleading advertising.

Reps. Tom Allen, D-Maine, and Marion Berry, D-Ark., said current FDA law, which gives the agency the power to issue warnings, doesn't go far enough. they said the FDA needs bigger teeth in stopping misleading direct-to-consumer drug advertising.

"Rampant direct-to-consumer

Related Stories:
SENATE LEGISLATION TARGETS DRUG ADS
Proposal Seeks to Balance Marketing Spending With Research Costs
HOUSE MEASURE RULES OUT DTC BAN
Bill to Provide More Money to FDA to 'Monitor' Ad Content
MOVE TO CURB DRUG ADVERTISING MAY BE EASING
New FDA Study Appears to Document Little Reason to Act
drug advertising is one of the forces driving doctors to write more prescriptions," Rep. Allen said. "People are being bombarded with ads, yet they have little information that one drug is more effective than another."

Scrutinize ads
The proposed legislation would boost FDA enforcement by providing an annual $25 million budget increase that lets the agency examine drug ads and would require it to compare the effectiveness and costs of older drugs to new ones.

The congressmen said the $10 million fine could only be imposed if drug companies that were warned by the FDA that their ads were misleading failed to fix the ads within six months.

The Pharmaceutical Research & Manufacturers Association said it didn't believe the legislation was necessary.

The two congressmen said they had not consulted the House GOP leadership before introducing the legislation.

In this article: