Posted: January 10, 2008
Recent changes to how FDA will be paid to review DTC TV ads forces us to ask: What's worse? Drug companies paying the FDA to preview TV ads for approval or you paying for it?
Instead of the FDA charging drug companies to review their ads, it will now get the money from US citizens. That's because the DTC User Fee Program authorized by the FDA Amendments Act in September, 2007 was replaced by the fiscal year 2008 omnibus appropriations legislation signed into law Dec. 26 by President Bush (read more about this here). This allocates $6.5 million for the review program for 2008. Unlike the User Fee Program, which would have guaranteed funding for the program for 5 years, there is now no guarantee that funds will be available in 2009 or thereafter.
I have one question: Does the drug industry still have its Get-Out-Jail-Free card? ie, if FDA pre-approves an ad, is it prohibited from fining a company if, after the ad airs, the FDA determines the ad is violative?
For more on this, read today's post to Pharma Marketing Blog.
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