Case Detail

In re: FDA Study of Consumer Response to DTC Risk Disclosure
On April 21, 2014, WLF filed formal comments with FDA, applauding FDA’s proposal to conduct research into how well consumers understand risk information conveyed in direct-to-consumer (DTC) television ads and how the content of DTC risk disclosures might be altered in order to improve consumer understanding. WLF agreed with FDA’s basic premise, which is that sometimes “less is more”; that is, reducing the amount of risk information conveyed in an ad increases the ability of viewers to understand the major risks posed by prescription drugs. WLF urged FDA to add a First Amendment analysis to its research. WLF noted that commercial speech restrictions (such as requiring that ads disclose major risks) violate the First Amendment unless the government can demonstrate that the restriction is “narrowly tailored”; a risk-disclosure requirement does not qualify as “narrowly tailored” if the government could achieve its objectives by non-speech means or by requiring less detailed disclosures.
Case Status:
Awaiting FDA response.
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