Can FDA ban direct-to-consumer drug advertising?
The Federal Food, Drug, and Cosmetic Act permits the advertising of prescription drugs as long as the advertisements are accurate and not misleading. Prohibiting direct-to-consumer prescription drug advertising would require an act of Congress to change the Federal Food, Drug, and Cosmetic Act and would also raise complex freedom of speech issues. FDA has a section called the Division of Drug Marketing, Advertising, and Communications (DDMAC), which oversees prescription drug advertising activities.
