Kyle Faget on FDA Push to Restrict Drug Ads – May Make Broadcast Ads 'Impractical or Possibly Impossible'

Foley & Lardner LLP partner Kyle Faget highlighted major shifts for the pharmaceutical industry as the U.S. Food and Drug Administration develops new policies on direct-to-consumer advertising in the Law360 article, “FDA On Legal Tightrope In Push To Restrict Drug Ads.”

Among the potential changes is the FDA’s contemplation of eliminating the adequate provision loophole in drug advertising. The provision currently allows drug companies to avoid listing the entire summary of side effects and other safety information in advertising as long as they provide the most important information and offer an alternative path for consumers to learn more.

The “result may be that this requirement renders broadcast advertising impractical or possibly impossible,” Faget commented. “Moreover, whether consumers would be able to digest full prescribing information is an open question.”

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