14 DAY TRIAL // On Monday, Democrats again called for increased powers being offered to legislators, so that they would be able to pull drug commercials that advertise insufficiently-tested products off the air. Rep. Henry Waxman (D-Ca) says that companies should not be allowed to aggressively promote their products on the air and directly to the consumer, until long-term studies establish that there is no danger to the health of the consumers.
"It is in these first few years of a drug's life that drug companies often aggressively market their products and engage in direct-to-consumer advertising. This increases the number of consumers exposed to safety risks of new products long before those risks are truly understood," he said at The Prescription Project-sponsored conference, where group critics to the marketing industry were present.
The California Democrat wanted to introduce a similar measure in 2007 as well, but, at the time, several law makers opposed the proposal, saying that the bill – which stated that the Food and Drug Administration (FDA) could withdraw drug commercials if it considered that they were not in the best interest of public health – was unconstitutional, and that it violated the freedom of speech.
"That concept makes a great deal of sense and can provide FDA an important tool to protect the public health," Waxman argues. Right now, the FDA is only allowed to fine various drug companies, if they run ads that are inconsistent with their actual product. In other words, the Administration can fine them heavily if they offer misleading or false information in their commercials.
Supporters of Waxman's proposal say that the continued airing of various ads led to a minimization of the side effects each medicine has, to the maximization of benefits, which often turned out to be fake, and also forced doctors to over-prescribe those drugs, though they were not the best suited to cure a certain condition. Henry Waxman announced that, come January, he would make the proposal to Congress again.