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AMA doesn't want you to see those Cialis ads

cigaretteman

HB King
May 29, 2001
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The American Medical Association on Tuesday called for a ban on consumer advertising for prescription drugs and medical devices, saying such marketing could be driving demand for unnecessary expensive treatments.

The Chicago-based association said it adopted a policy supporting an advertising ban and called for greater transparency in prescription drug prices and costs. The policy was adopted by physicians at an AMA meeting in Atlanta.

"Today's vote in support of an advertising ban reflects concerns among physicians about the negative impact of commercially driven promotions, and the role that marketing costs play in fueling escalating drug prices," Dr. Patrice A. Harris, the AMA's incoming chair, said in a statement.

Last year, drugmakers spent $4.5 billion on consumer advertising, a 30 percent jump from 2012, according to Kantar Media, a market research firm that specializes in media consumption.

Spending on prescription medicines jumped 13 percent last year to $374 billion, according to data firm IMS Health, a medical industry marketing research firm.

The AMA is the latest health organization to call for a ban on such ads, following the World Health Organization, the National Center for Health Research and other groups. Many consumer groups, including Public Citizen, have also pushed for a ban, saying such advertising pressures doctors to prescribe particular medications that may be less effective and more expensive and risky.

The United States and New Zealand are the only countries that allow direct-to-consumer drug advertising.

Drugmakers have defended the advertising, saying it encourages people to seek medical advice and removes the stigma associated with medical conditions. The ads can trigger "important doctor-patient conversations about health that might otherwise not take place," says a white paper issued by Pharmaceutical Research and Manufacturers of America, a trade association based in Washington.

The AMA policy also calls for launching an advocacy campaign to promote prescription drug affordability by demanding choice and competition in the pharmaceutical industry.

The association said it was responding to "deepened concerns" that anti-competitive behavior in a consolidated pharmaceutical marketplace has the potential to increase drug prices. The group said it would monitor pharmaceutical mergers and acquisitions, as well as the impact of such actions on drug prices.

According to market research firm Nielsen, drugmakers spent nearly $20 billion over the past five years to advertise drugs to consumers. The biggest share of the ad money last year was spent on television ($3.2 billion), followed by magazines ($1.2 billion), newspapers ($127 million), radio ($26 million) and billboards ($4 million).

Of the top 10 advertised drugs, two are for erectile dysfunction (Cialis and Viagra), three are for arthritis (Xeljanz, Humira and Celebrex), two are for mental health issues (Latuda and Abilify), and one each is for stroke prevention (Eliquis), fibromyalgia (Lyrica) and diabetes (also Lyrica).

http://www.chicagotribune.com/business/ct-drug-ad-ban-1118-biz-20151117-story.html
 
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If people would listen to all the warnings they would not need to ban them.

Great commercials, very uplifting and then they get to the part about your hair could fall out, you may have internal bleeding, and possibly die using this product.
 
If people would listen to all the warnings they would not need to ban them.

Great commercials, very uplifting and then they get to the part about your hair could fall out, you may have internal bleeding, and possibly die using this product.
Opdiva? The lung sarcoma treatment drug? If memory serves one of the side effects of that drug is death but you can consult a Dr. if that condition persists.

Haven't heard of anyone dying of a persistant woody unless it was a woman who got clubbed to death.
 
Government regulated products, sorry Pablow.

The United States Supreme Court has already struck down two direct-to-cosumer pharmaceutical advertisment bans on First Amendment grounds. Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976) (ban on direct-to-consumer drug pricing information); Thompson v. W. States Med. Ctr., 535 U.S. 357, 374-75, 122 S.Ct. 1497, 1507-08 (2002) (ban on advertising compounded drugs). In Thompson the Court basically shot down the theory advanced by the AMA here to ban TV ads:
  1. "Even if the Government had argued that the FDAMA's speech-related restrictions were motivated by a fear that advertising compounded drugs would put people who do not need such drugs at risk by causing them to convince their doctors to prescribe the drugs anyway, that fear would fail to justify the restrictions. Aside from the fact that this concern rests on the questionable assumption that doctors would prescribe unnecessary medications (an assumption the dissent is willing to make based on one magazine article and one survey, post at 7, neither of which was relied upon by the Government), this concern amounts to a fear that people would make bad decisions if given truthful information about compounded drugs. See supra, at 10 (explaining that the Government does not claim the advertisements forbidden by the FDAMA would be false or misleading). We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making bad decisions with the information."​
 
[QUOTE="TexMichFan, post: 1272071, member: 18087"]If people would listen to all the warnings they would not need to ban them.

Great commercials, very uplifting and then they get to the part about your hair could fall out, you may have internal bleeding, and possibly die using this product.[/QUOTE]

LOL! :D Nailed it!
 
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The United States Supreme Court has already struck down two direct-to-cosumer pharmaceutical advertisment bans on First Amendment grounds. Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976) (ban on direct-to-consumer drug pricing information); Thompson v. W. States Med. Ctr., 535 U.S. 357, 374-75, 122 S.Ct. 1497, 1507-08 (2002) (ban on advertising compounded drugs). In Thompson the Court basically shot down the theory advanced by the AMA here to ban TV ads:
  1. "Even if the Government had argued that the FDAMA's speech-related restrictions were motivated by a fear that advertising compounded drugs would put people who do not need such drugs at risk by causing them to convince their doctors to prescribe the drugs anyway, that fear would fail to justify the restrictions. Aside from the fact that this concern rests on the questionable assumption that doctors would prescribe unnecessary medications (an assumption the dissent is willing to make based on one magazine article and one survey, post at 7, neither of which was relied upon by the Government), this concern amounts to a fear that people would make bad decisions if given truthful information about compounded drugs. See supra, at 10 (explaining that the Government does not claim the advertisements forbidden by the FDAMA would be false or misleading). We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making bad decisions with the information."​


Not to mention striking down regulations prohibiting the truthful advertising of other regulated products (alcohol) in the best named Supreme Court case ever, 44 Liquormart, Inc. v. Rhode Island, and striking down regulations that attempted to regulate the sale of data regarding physicians' prescription practices in Sorrell v. IMS Health.
 
Marketing and advertising for medical devices and pharmaceuticals has regulations and laws that must be followed; you cannot 'say anything you want', which is what the FA protects.

It is legally 'regulated' speech vs. truly 'free speech'.

I believe the question is whether those regulations are constitutional.
 
Sorry, but the FA protects 'freedom of speech', not 'freedom of marketing and advertising'.
I don't think that is the correct distinction under First Amendment law. The First Amendment also protects commercial speech (such as advertising); the courts merely apply a slightly lower level of scrutiny to regulations directed at commercial speech.
 
Sorry, but the FA protects 'freedom of speech', not 'freedom of marketing and advertising'.

Oh boy. You might want to read up on this. The First Amendment protections have been applied many time to commercial speech. o_O
 
They are absolutely constitutional.
The issue becomes when they are not properly and objectively followed, which is why some companies have successfully fought specific restrictions on their ads.

I don't think they are absolutely constitutional. States, for example, generally can no longer restrict truthful advertising to adults out of a patriarchal concern that sales of the advertised product would increase. And regulations still must meet the Central Hudson test.
 
My favorite are the commercials that hardly tell you what the drug treats. And I'd really like to know how separate bath tubs is errotic.
 
My favorite are the commercials that hardly tell you what the drug treats. And I'd really like to know how separate bath tubs is errotic.

I like the comercials for the drugs that will make my wife look hot and want to have sex with a 3 hour and 45 minute boner.
 
I like the comercials for the drugs that will make my wife look hot and want to have sex with a 3 hour and 45 minute boner.
I'd like one of those commercials for me too. Think of the efficiency? They could sell them in twin packs, "one for you and your buddy".
 
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My favorite are the commercials that hardly tell you what the drug treats. And I'd really like to know how separate bath tubs is errotic.

Ask your doctor about Pilllocsoul.

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Sometimes I can't wait to get old so I can bang ant time any place the desire arises.
Funny Buddy Hackett line in here somewhere if you are old enough to remember him and the fishing story when he gets his bi-annual erection.
 
Now that my son is 3, and just the other day after one of those commercials was on he said "Viagra??" I wish they'd take all of the ED commercials off the air. I don't need that on my tv.
 
First Amendment. Sorry docs.

Only in America do you get folks who think an RX meds need to be hawked like Pepsi Cola or a pot roast. It's a money grab by Big Pharma and encourages doctors to practice "populist medicine" instead of medicine. I know docs who tell me they have patients ask them for medicines they have seen advertised on TV for conditions that are not relevant to their own. Patients often blame physicians for maladies, especially when they are not given an RX for a cure.
Someone mentioned "1st Amendment". But even the 1st Amendment doesn't forgive greed and stupidity. *
 
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Now that my son is 3, and just the other day after one of those commercials was on he said "Viagra??" I wish they'd take all of the ED commercials off the air. I don't need that on my tv.

I am not directing this necessarily at you, but I find it amusing how sex is so demonized in this country. People freak out over a nipple but we can have shows/commercials on tv for all of these crime and murder mystery shows and nobody seems to have a problem with that.

I love me some Gears of War so I am not against violence in the media, but i don't freak out over any sexual innuendo either.
 
I am not directing this necessarily at you, but I find it amusing how sex is so demonized in this country. People freak out over a nipple but we can have shows/commercials on tv for all of these crime and murder mystery shows and nobody seems to have a problem with that.

I love me some Gears of War so I am not against violence in the media, but i don't freak out over any sexual innuendo either.

This.

Oh no, consenting adults like to have sex! Someone, quick, hide the women and children!

Don't forget incessant beer advertisements during football games. I think I'd rather have my kids see the ads for boner pills.
 
I am not directing this necessarily at you, but I find it amusing how sex is so demonized in this country. People freak out over a nipple but we can have shows/commercials on tv for all of these crime and murder mystery shows and nobody seems to have a problem with that.

I love me some Gears of War so I am not against violence in the media, but i don't freak out over any sexual innuendo either.
I'm with you, but I don't want my 3 year old watching the murder/crime shows either. He's good with Mickey Mouse, and I don't need to answer questions about ED or have him quoting lines about an erection that lasts more than 4 hours. Sports broadcasts are typically kid safe, except i can do without the boner commercials...
 
I like the recent Viagra commercial, the gal tossing the football in the air. Her face looks like she was crying a week straight before they filmed it.

Football widow no doubt...

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I'm with you, but I don't want my 3 year old watching the murder/crime shows either. He's good with Mickey Mouse, and I don't need to answer questions about ED or have him quoting lines about an erection that lasts more than 4 hours. Sports broadcasts are typically kid safe, except i can do without the boner commercials...
yeah, i understand that.....thats why i wasn't directing the comment towards you. I just think its weird how sex/nudity is pretty taboo. people tend to freak out over a lady breastfeeding or any sort of public nudity but have no problem with their kids blowing heads off in a Call of Duty game, or are fine with their kids slapping on a headset while playing a video game and is oblivious to how foul mouthed people get on those things.
 
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I don't think advertising qualifies as free speech.

Actually the Supreme Court has held that it is. I cited a few cases in this thread. Actually, one case came out of Iowa where the Court struck down Iowa's ban on lawyer advertising.
 
yeah, i understand that.....thats why i wasn't directing the comment towards you. I just think its weird how sex/nudity is pretty taboo. people tend to freak out over a lady breastfeeding or any sort of public nudity but have no problem with their kids blowing heads off in a Call of Duty game, or are fine with their kids slapping on a headset while playing a video game and is oblivious to how foul mouthed people get on those things.
True. I lived in Europe, and sex/nudity on TV is no big deal there. It does come on later at night, but on regular/free tv, not premium channels.
 
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