Kyle Faget on Rule Changes for Pharma Ads – 'Very expensive and very difficult'

Foley & Lardner LLP partner Kyle Faget highlighted the impact to pharmaceutical companies of new rule changes restricting how drugs can be marketed in the Healthcare Brew article, “What new advertising rules may mean for pharma companies.”

The changes include eliminating the ‘adequate provision’ loophole, which allows pharmaceutical companies to summarize safety and risk information in television ads as long as consumers are directed elsewhere for full details.

Faget said that this change could make televised pharmaceutical advertising “very expensive and very difficult” as companies would likely need to purchase longer and costlier ad spots to make room for the required disclosures.

“Most TV ads would then likely come from the biggest pharma companies,” she added, “since they’d likely be the only ones able to afford to advertise.”