INSIDE COMPLIANCE

We are all familiar with drug advertisements on TV: someone has a problem, the drug easily solves it, and a jingle slowly spills out in the background as the commercial fades away. As it fades, an extensive list of the drug’s side effects is listed in rapid-fire succession, followed by a note suggesting you ask your doctor and visit the drug’s website for more information. That closing line exists because of a provision in the FDA’s prescription drug advertising regulations (the “Adequate Provision”), which allows broadcast advertisements to direct viewers to another source for the full risk information instead of requiring the information be included in the ad itself.

The Food and Drug Administration (FDA) has announced plans to eliminate the Adequate Provision for broadcast prescription drug advertising, which would require advertisements to state a drug’s full risk summary. While viewers deserve to be informed on the risks associated with prescription drugs, eliminating the Adequate Provision outright is too blunt. Instead, a short, standardized on-screen disclosure would best serve viewers.