The Role of the Federal Trade Commission in Regulating Non-Prescription Drug Advertising and Promotion

• Author: Marianne R. Watts,Judith D. Wilkenfeld
• Date: 01 April 1992
• DOI: 10.1177/002204269202200207
• Published date: 01 April 1992
• Subject Matter: Article

The Journal of Drug Issues 22(2), 265-276, 1992

THE ROLE OF THE FEDERAL TRADE

COMMISSION IN REGULATING

NON-PRESCRIPTION DRUG ADVERTISING

AND PROMOTION

Marianne

R.

Watts

Judith

D. Wilkenfeld

The article focuses on the manner in which the Federal Trade

Commission

regulates

advertising

in

general

and

over-the-counter drug advertising in particular. It also

highlights the cooperation that exists between the Commission

and the Food and Drug Administration in both food and drug

matters.

The Federal Trade Commission plays a central role in the regulation

of

national

advertising, including pharmaceutical advertising. In general, the Commission

recognizes that truthful, non-deceptive advertising can be valuable by providing

consumers with the information needed to make wise purchase decisions.

However, ads which are false and misleading can create consumer confusion,

resulting in unwise purchase decisions. More importantly, by making an

ill-advised drug purchase, a consumer'shealth and safety can be adversely affected.

The following article will focus on several topics. The first part will describe

the Commission's advertising jurisdiction in general with the added focus of how

the COmmissionshares regulatory jurisdiction in the drug area with the Food and

Drug Administration (FDA). The second part will describe and illustrate the basic

legal principles under which the Commission regulates drug advertising. The third

part will examine some important advertising matters currently pending, which

may have important implications for drug advertising. Finally, the last part

discusses the criteria that will be used to select future drug advertising matters.

Marianne

R.

Watls

is a staff attorney in the Division of Advertising Practices at the Federal Trade

COnunission.

Judith

D. WilkenCeld is the assistant director of that division. The views expressed In

this article represent only the views of the authors and do not necessarily represent the views of the

COnunissionor of any particular Commissioner.

©Journal of Drug Issues, Inc. 0022-0426/92/02/265-276 $1.00

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