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Commercial Speech Digest |
UPDATE |
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Federal Court Restricts FDA on Off-Label Drug Info U.S. District Court Judge Royce C. Lamberth ruled July 28 that parts of the Food and Drug Administration Modernization Act allowing the FDA to restrict information about off-label drug uses are unconstitutional. The ruling reaffirms the D.C. Circuit's decision in 1998 that the FDA cannot restrict pharmaceutical companies from distributing third-party books and journal articles that describe off-label uses (Washington Legal Foundation v. Kessler). The court had agreed to review that decision in light of the subsequent FDA act. Judge Lamberth rejected three provisions of the new law: that a drug company apply to the FDA for a new drug use before promoting it; that the FDA approve promotional materials in advance; and that drug makers file semi-annual reports on their promotional activities. FTC To Study Entertainment Advertising, Marketing A federal study of the entertainment industry ordered by President Clinton in June will focus on the industry's advertising and marketing practices rather than content or lyrics, according to Federal Trade Commission Chairman Robert Pitofsky. Coming in the wake of the Littleton shootings, the study will examine the promotion of movies, video games, and music. "We will not be the modern embodiment of thought police," Pitofsky told the National Association of Attorneys General. The FTC will have subpoena power to obtain industry documents, but Pitofsky said he hoped companies would cooperate voluntarily. Lawmakers, Regulators Likely To Abuse ComSpeech Rights Commercial speech faced a rough year at the hands of lawmakers and regulators in 1998, a study by The Media Institute concludes. The First Amendment and the Media - 1999 gives Congress a D+ and federal agencies a D for actions that threatened First Amendment rights for advertising. State and local governments also rated a D for restrictions on tobacco and alcohol billboards. Federal courts received a C+, mainly for a number of favorable appellate court rulings. The study, which also covers on-line, television, and print issues, is available from The Media Institute at 202-298-7512. Oklahoma City Requires License for Food Bartering If you're willing to work for food and display a sign to that effect in Oklahoma City, you'll need a license from now on. An ordinance effective July 14 prohibits bartering on city streets unless a person buys a $30 license and pays an additional $17.50 for a criminal background check and administrative costs. The city can impose a fine of up to $750 per violation. A similar measure in Cleveland was upheld by the Sixth Circuit. Public Favors Tobacco, Alcohol Advertising Seventy-one percent of respondents believe companies should be allowed to advertise tobacco -- up sharply from 56 percent in 1997 -- according to a new survey released by The Freedom Forum First Amendment Center. State of the First Amendment 1999 also found that 63 percent of respondents feel companies should be allowed to advertise liquor and alcohol products (up slightly from 60 percent in 1997). About half (51 percent) believe tobacco ads should be allowed back on television. The study can be obtained by calling 703-284-3512 or e-mailing news@freedomforum.org. |
CSD Editorial Board
Steven G. Brody, Esq.
Robert Corn-Revere, Esq.
P. Cameron DeVore, Esq.
David L. Hudson, Jr., Esq.
Daniel L. Jaffe
John Kamp
Paul McMasters
Prof. Robert M. O'Neil
Dr. Craig R. Smith
Daniel E. Troy, Esq.
John J. Walsh, Esq.
Prof. Harvey Zuckman |
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