The New York Times has recently published an editorial concerning the seemingly endless television advertisements from drug manufacturers claiming to ease all sorts of our potential issues from pain, sleeplessness, sexual dysfunction-frankly the list is endless and in my opinion quite painful in and of itself to have to endure.  The American Medical Association has recently voted in favor of a ban on this type of prescription drug advertising over concerns that it “inflates demand for new and more expensive drugs, even when these drugs may not be appropriate.”  

I submit that there may be more harm in these seemingly endless advertising than inflating demand.  It seems as though the drug companies are actually providing the potential consumer with an extraordinarily long list of the possible complications that can and may be suffered by the patient, brought on by the use of their drugs, that are ultimately worse than the patient’s original condition.  And why would any of us without a medical degree need to be armed with all of this information in lieu of relying upon our own physicians to prescribe what is appropriate for our health and warn us of what could harm us.  Are the drug companies “pre-litigating” with us?

I, for one, find this relentless advertising to be doing just the opposite for our health.  I can’t imagine the usefulness of receiving this “CYA” type information, other than if it was somehow benefiting the companies that are spending the millions of dollars to fill our minds with it from our sofas.  

A former director of the Bureau of Consumer Protection at the Federal Trade Commission also believes that there should be a ban on direct prescription drug advertising for at least 2 years after a drug has been approved and put on the market.  Although it is questionable that during that time the drug manufacturers will have accumulated some additional scientific empirical data to frighten us with as to actual consequences of taking their drugs rather than fanning us with an endless blanket of potential complications that are frankly making me sick to listen to.  I wonder if they have a drug for that?  

For further discussion on this topic please feel free to contact me at the Schulman Law Group at (954) 349-3300 or at