Ruling Expected on Kessler Deposition in Medical Textbook Suit Against FDA A federal judge is expected to rule in early November on whether FDA Commissioner David A. Kessler must give a deposition as part of the discovery process in Washington Legal Foundation (WLF) v. Kessler. WLF's lawsuit charges that the FDA pursues an unofficial policy prohibiting pharmaceutical and medical device manufacturers from distributing medical textbooks to doctors. The suit also attacks the FDA over its policy restricting drug company support of scientific and continuing education conferences at which off-label uses of manufacturers' products are discussed. Both types of policies infringe on drug companies' First Amendment rights as speakers, WLF charges. Once the deposition issue is resolved, both sides are expected to file cross motions for summary judgment. If the motions are denied, the court will set a date for trial. -RTK

Kennedy to FCC: Act on Hard Liquor Ads Rep. Joseph P. Kennedy (D Mass.) and seven House colleagues have asked FCC Chairman Reed Hundt to take action against hard liquor ads on TV. In an Oct. 3 letter, the congressmen asked Hundt to initiate a notice of inquiry and to hold hearings in light of Seagram's TV spots for Crown Royal whiskey. Hundt said he would consult with staff to consider a response to the situation. The action follows Kennedy's June introduction of H.R. 3644, the "Just Say No Act," that would make it a federal offense to advertise hard liquor on radio or TV. The bill went nowhere but will be reintroduced in the new Congress, according to a Kennedy aide. In May, Kennedy introduced H.R. 3479, the"Comprehensive AIcohol Abuse Prevention Act," that would limit all alcohol advertising on TV, require "tombstone" ads in publications read by young people, mandate health warnings in all ads, restrict promotional activities on college campuses, and eliminate the tax deductibility of alcohol ads. That legislation will be back too.

McHale Holds Hill Briefing, Will Try Again To Eliminate Tobacco Ad Deductibility Rep. Paul McHale (D-Pa.) hosted a Capitol Hill briefing Sept. 26 to stir up interest in a bill he will reintroduce next year to eliminate the tax deduction for tobacco advertising expenses. H.R. 2962, the "Tobacco Advertising Reform Act," had languished in the House Ways and Means Committee since its introduction Feb. 6. Senate companion legislation S. 596 met a similar fate. The bills would erase the deduction for the cost of advertising cigarettes, smokeless tobacco, and other tobacco products. Rep. McHale hopes to resurrect his proposal this fall as a campaign issue. Speakers at the briefing included Matt Myers, executive vice president of the National Center for Tobacco Free Kids, and Daryl Travis, president of a Chicago ad agency that does not accept tobacco or alcohol accounts. Rep. McHale acknowledged that "there is a constitutional right which attaches to even this despicable form of commercial free speech, but there is no right to a tax deduction." The bill's sponsors assert the bill is not content specific and thus would pass constitutional muster. Rep. McHale pledged to reintroduce the measure at the start of the 1 05th Congress in January. -RTK