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Michael A. Gottlieb, P.A.
“Out of the Box” Defense Strategy
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What is a bad ad?

Imagine going to your doctor after seeing an ad on the TV about a new drug. It sounds fantastic, and it says it can cure your disease. If your doctor looks shocked by the information, the likelihood is that you've just watched a bad ad.

What is a bad ad?

A bad ad is essentially when a prescription drug ad does not conform to requirements. There are some common things that make an ad bad. For example, if a person puts a blood-thinning drug on display, it would be accurate to say it could cause bleeding. Leaving that information out or downplaying the risk of the drug would be in violation of the Office of Prescription Drug Promotion's rules and regulations.

Misleading drug comparisons are another concern. For example, an anti-inflammatory drug shouldn't be compared to an allergy medication. They simply are not in the same class of drugs and don't work in the same ways.

Overstating how effective a drug is will also result in a violation. It's not okay to say that an asthma inhaler will cure asthma, since the drug cannot do so. Telling a patient that his or her symptoms will be cured could put the person at risk of injury or death.

The OPDP doesn't regulate all drugs. It doesn't regulate over-the-counter medications or medical devices. It also doesn't regulate dietary supplements, like vitamins. It does regulate all types of promotions from sales representative presentations to TV and radio advertisements.

Your attorney can help you if you've been injured because of a bad ad. It's not fair for companies to overstate the usefulness or purposes of their medications.

Source: U.S Food & Drug Administration, "Truthful Prescription Drug Advertising and Promotion," accessed April 07, 2017

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