e-Cigarette Advertising and Commercial Free Speech

In the words of former baseball player and philosopher Yogi Berra, “It’s like déjà vu all over again.” California Senator Barbara Boxer (D) has called upon the Federal Trade Commission (FTC) to expedite its study of the e-cigarette industry examining whether their advertising is encouraging children and youth to take up vaping.

Years of experience with other disfavored products leads us to expect that – no matter the results of the study – someone in Congress will likely call for bans or restrictions on e-cigarette advertising. While they will claim to be trying to protect youth, the actual limitations will likely be much broader and ban much advertising aimed at adult and legal consumers. Continue Reading →

Is Prescription Drug Advertising Really Harmful?

In response to a recent article.

On October 21, many Americans celebrated “Back to the Future Day,” commemorating the day that film’s main character, Marty McFly (played by recent Advertising Hall of Fame inductee Michael J. Fox) arrived in the future.  Unfortunately the doctors of the American Medical Association appear to have misread the memo (could it have been the handwriting?) and recently voted to go back to the past by calling for an end to all prescription drug advertising.

In this case, the doctors have made the wrong prescription.  Far from being harmful, AAF believes that pharmaceutical advertising has provided a great benefit to consumers and public health.  By raising awareness of products available to treat many medical conditions, from lung cancer to COPD to, yes, erectile dysfunction, pharmaceutical advertising has resulted in countless patients making appointments with their doctors to learn more.  That can only be a good thing. Continue Reading →