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The background and pro and con arguments were written by ProCon.org staff based upon input from the following footnotes (directly referenced) and sources (used for general research and not directly referenced):
Footnotes:
  1. Jisu Huh, Denise E. DeLorme, Leonard N. Reid, and Soontae An, "Direct-to-Consumer Prescription Drug Advertising: History, Regulation, and Issues,” www.minnesotamedicine.com, Mar. 2010

  2. Julie Donohue, "A History of Drug Advertising: The Evolving Roles of Consumers and Consumer Protection,” Milbank Quarterly, www.ncbi.nlm.nih.gov, Dec. 2006

  3. "Lydia E. Pinkham’s Vegetable Compound,” www.wikimedia.org, 1882

  4. American Medical Association, "AMA History Timeline,” www.ama-assn.org (accessed Mar. 21, 2014)

  5. FDA, "Milestones in Food and Drug Law History,” www.fda.gov, Feb. 2, 2009

  6. P.M. Wax, "Elixirs, Diluents, and the Passage of the 1938 Federal Food, Drug and Cosmetic Act,” Annals of Internal Medicine, www.ncbi.nlm.nih.gov, Mar. 15, 1995

  7. Vincent A. Kleinfeld and Charles Wesley Dunn, Federal Food, Drug, and Cosmetic Act: Judicial and Administrative Record, 1938-1949, 1949

  8. GPO, "Federal Register Volume 77, Number 39,” www.gpo.gov, Feb. 28, 2012

  9. James H. Kim and Anthony R. Scialli, "Thalidomide: The Tragedy of Birth Defects and the Effective Treatment of Disease,” Toxicological Sciences, www.toxsci.oxforjournals.org, Apr. 19, 2011

  10. Matthew Arnold, "Direct-to-Consumer Report: DTC Drain,” www.mmm-online.com, Apr. 1, 2013

  11. Carol Ballentine, "Taste of Raspberries, Taste of Death: The 1937 Elixir Sulfanilamide Incident, " www.fda.gov, June 1981

  12. Jeremy A. Greene and David Herzberg, "HIDDEN in PLAIN SIGHT Marketing Prescription Drugs to Consumers in the Twentieth Century,” American Journal of Public Health, www.ncbi.nlm.nih.gov, May 2010

  13. Lawrence K. Altman, "Briefs on the Doctor’s World,” www.nytimes, com, Aug. 17, 1982

  14. Congressional Budget Office, "Potential Effects of a Ban on Direct-to-Consumer Advertising of New Prescription Drugs,” www.cbo.gov, May 26, 2011

  15. PhRMA, "PhRMA Guiding Principles Direct to Consumer Advertisements about Prescription Medicines,” www.phrma.org, Dec. 2008

  16. Davis & Gilbert LLP, "PHRMA Amends Voluntary Guidelines on DTC Advertising,” www.dglawcom, Feb. 10, 2009

  17. FDA, "The Office of Prescription Drug Promotion (OPDP),” www.fda.gov, Mar. 6, 2014

  18. World Health Organization, "Pharmaceutical Industry,” www.who.int (accessed Mar. 21, 2014)

  19. FDA, "Office of Prescription Drug Promotion (OPDP) Research,” www.fda.gov, Mar. 19, 2013

  20. Regulations.gov, "Agency Information Collection Activities; Proposed Collection; Comment Request; Disclosure Regarding Additional Risks in Direct-to- Consumer Prescription Drug Television Advertisements,” www.regulations.gov, Feb. 18, 2014

  21. "Pure Food and Drug Act (1906). United State Statutes at Large (59th Cong., Sess. I, Chp. 3915, p. 768-772; cited as 34 U.S. Stats. 768)," Medicine in the Americas: Historical Works [Internet], www.ncbi.nlm.nih.gov

  22. Institute of Medicine of the National Academies, "Clarify FDA’s Regulatory Authority,” www.iom.edu, Sep. 2006

  23. Philip H. Dougherty, "Advertising; Pfizer’s Awareness Campaign,” www.nytimes.com, Feb. 7, 1985

  24. Wendy Borrow, "The AMA Explains Its about-Face on Direct-to-Consumer Advertising. (American Medical Association),” www.highbeam.com, Sep. 1, 1993

  25. FDA, "History of the U.S. Food and Drug Administration,” www.fda.gov, May 7, 1997

  26. Henry J. Kaiser Family Foundation, "Impact of Direct-to-Consumer Advertising on Prescription Drug Spending," www.kff.org, June 2003

  27. US Government Accountability Office (GAO), "Prescription Drugs: Improvements Needed in FDA's Oversight of Direct-To-Consumer Advertising," pdf www.gao.gov, Nov. 2006

  28. Michael R. Law, Stephen B. Soumerai, Alyce S. Adams, and Sumit R. Majumdar, "Costs and Consequences of Direct-to-Consumer Advertising for Clopidogrel in Medicaid,” Archives of Internal Medicine, Nov. 23, 2009

  29. John LaMattina, "Maybe It’s Time for Drug Companies to Drop TV Ads,” www.forbes.com, Feb. 15, 2012

  30. Andrew R. Payton and Peggy A. Thoits, "Medicalization, Direct-to-Consumer Advertising, and Mental Illness Stigma,” Society and Mental Health, Mar. 2011

  31. Jeannine Stein, "There’s a Pill for That: Drug Prescriptions in the U.S. Hit a Record High,” www.takepart.com, Sep. 14, 2012

  32. Rodale, "Prevention Magazine Releases 13th Annual DTC Survey Results,” www.rodaleinc.com, July 15, 2010

  33. Matthew Herper, "The Truly Staggering Cost of Inventing New Drugs,” www.forbes.com, Feb. 10, 2012

  34. Louis Jacobson, "Prevent Drug Companies from Blocking Generic Drugs,” www.politifact.com, Mar. 9, 2012

  35. Dayne M. Porter, "Direct-to-Consumer (DTC) Pharmaceutical Marketing: Impacts and Policy Implications,” SPNHA Review, www.scholarworks.gvsu.edu, Oct. 19, 2011

  36. FDA, "Basics of Drug Ads,” www.fda.gov, Sep. 13, 2012

  37. Legal Information Institute, "Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.,” www.law.cornell.edu (accessed Mar. 5, 2014)

  38. WHO, "WHO Pharmaceuticals Newsletter,” www.who.int, 2007

  39. WHO, "Guidelines for the Regulatory Assessment of Medicinal Products for Use in Self-Medication,” www.who.int, 2000

  40. Frank Auton, "Opinion: The Case for Advertising Pharmaceuticals Directly to Consumers,” Future Medicinal Chemistry, www.future-science.com, July 2009

  41. Gregory A. Abel, Harold J. Burstein, Nathaneal D. Hevelone, and Jane C. Weeks, "Cancer-Related Direct-to-Consumer Advertising: Awareness, Perceptions, and Reported Impact among Patients Undergoing Active Cancer Treatment,” Journal of Clinical Oncology, Aug. 3, 2009

  42. Richard Meyer, "Majority of Physicians Believe DTC Ads Should Be Cut Back,” www.worldofdtcmarketing.com, Apr. 30, 2013

  43. Kathryn J. Aikin, John L Swasy, and Amie C. Braman, "Patient and Physician Attitudes and Behaviors Associated with DTC Promotion of Prescription Drugs —Summary of FDA Survey Research Results,” www.fda.gov, Nov. 19, 2004

  44. Ashish Parekh, Roland Marcus, Melissa Roberts, and Dennis W. Raisch, "Risks and Benefits of Direct to Consumer Advertising on Patient-Provider Relationships,” www.ispor.org, Nov. 2011

  45. Taylor Tyler, "Direct-to-Consumer Drug Ads Should Be Scaled Back, Doctors Say,” www.ivn.us, June 3, 2013

  46. C. Lee Ventola, "Direct-to-Consumer Pharmaceutical Advertising: Therapeutic or Toxic?,” www.ncbi.nlm.nih.gov, Oct. 2011

  47. Bruce Jaspen, "Drug Makers Dial down TV Advertising,” www.nytimes.com, Feb. 2, 2012

  48. Ann Marie Christensen, "TV Drug Ads: The Whole Truth?,” www.eurekaalert.org, Sep. 16, 2013

  49. Adrienne E. Faerber and David H. Kreling, "Content Analysis of False and Misleading Claims in Television Advertising for Prescription and Nonprescription Drugs,” Journal of Internal Medicine, www.springer.com, Sep. 2013

  50. FDA, "FDA – Adverse Event Reporting System (AERS): Freedom of Information (FOI) Report,” www.medicalmarijuana.procon.org (accessed Mar. 25, 2014)

  51. Rachel Kornfield, "The Rise of TV Advertising for Prescription Cosmetic Pharmaceuticals,” www.healthmediacollaboratory.org, Aug. 20, 2013

  52. AbbVie Inc , "Decreased Energy,” www.isitlowt.com (accessed Jan. 16, 2013)

  53. Kurt C. Stange, "Consumer Drug Advertising Should Be Banned,” www.nytimes.com, Dec. 16, 2013

  54. Trista Kelley, "The Big Bucks in Keeping Kids Focused,” www.businessweek.com, Oct. 10, 2013

  55. Brenden L. Smith, "Inappropriate Prescribing,” www.apa.org, June 2012

  56. Science Daily, "Many U.S. Physicians Often Fulfill Patient Requests for Brand-Name Drugs Instead of Equivalent Generics,” www.sciencedaily.com, Jan. 7, 2013

  57. Uwe Reinhardt, interview with Frontline, www.pbs.org, Oct. 9, 2002

  58. Alan Schwarz, "Report Says Medication Use Is Rising for Adults with Attention Disorder," www.nytimes.com, Mar. 12, 2014

  59. Rebecca Robbins, "Drug Makers Now Spend $5 Billion a Year on Advertising. Here's What That Buys," statnews.com, Mar. 9, 2016

  60. GlobalData "US Pharmaceutical Market Value Will Approach $550 Billion by 2020, Says GlobalData," healthcare.globaldata.com, Mar. 17, 2015


Sources:

Bayer Pharmaceutical Products, web.missouri.edu (accessed May 26, 2009)

FDA, "Guidance for Industry: Consumer-Directed Broadcast Advertisements," pdf www.fda.gov, Aug. 1999

"Federal Food and Drug Act of 1906 - Public Law 59-384," pdf www.fda.gov, 1906

Marc-Andre Gagnon and Joel Lexchin, "The Cost of Pushing Pills: A New Estimate of Pharmaceutical Promotion Expenditures in the United States," (1,737 KB) Public Library of Science Medicine, Jan. 2008

Sean Gregory, "Are Direct-to-Consumer Drug Ads Doomed?," TIME magazine, Feb. 4, 2009

IMS Health, "IMS Heatlh Reports U.S. Prescription Sales Grew 1.3 Percent in 2008 to $291 Billion," www.imshealth.com, Mar. 19, 2009

"Kefauver Harris Amendments - Public Law 87-781," (1,910 KB) pdf www.fda.gov, Oct. 10, 1962

Pharmaceutical Research and Manufacturers of America, "Pharmaceutical Marketing in Perspective: Its Value and Role as One of Many Factors Informing Prescribing," www.phrma.org (accessed June 1, 2009)

Pharmaceutical Research and Manufacturers of America, "Testimony and Official Submissions," www.phrma.org, Sep. 29, 2005

Pharmaceutical Research and Manufacturers of America, "The Facts About Pharmaceutical Marketing & Promotion," www.phrma.org (accessed June 1, 2009)

Private email correspondance with various medical experts

Science Daily, "Big Pharma Spends More on Advertising Than Research and Development, Study Finds," www.sciencedaily.com, Jan. 7, 2009

US Food and Drug Administration (FDA), "A History of the FDS and Drug Regulation in the United States," www.fda.gov (accessed June 1, 2009)

US Food and Drug Administration (FDA), "Drugs and Foods under the 1938 Act and Its Amendments, www.fda.gov (accessed June 1, 2009)

US Food and Drug Administration (FDA), "Patient and Physician Attitudes and Behaviors Associated with DTC Promotion of Prescription Drugs - Summary of FDA Survey Research Results," www.fda.gov, Nov. 19, 2004

US Food and Drug Administration (FDA), "The 1906 Food and Drugs Act and Its Enformement," www.fda.gov (accessed June 1, 2009)

US Food and Drug Administration (FDA), "The 1938 Food, Drug, and Cosmetic Act," www.fda.gov (accessed June 1, 2009)

Keith J. Winstein and Suzanne Vranica, "Drug Firms' Spending on Consumer Ads Fell 8% in '08, a Rare Marketing Pullback, Wall Street Journal, Apr. 16, 2009