A Logical-Historical Assessment of DTC Advertising, and a Critical Analysis of the FDAAA Amendments

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A Logical-Historical Assessment of DTC Advertising, and a Critical Analysis of the FDAAA Amendments

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Title: A Logical-Historical Assessment of DTC Advertising, and a Critical Analysis of the FDAAA Amendments
Author: Babic, Boris
Citation: Boris Babic, A Logical-Historical Assessment of DTC Advertising, and a Critical Analysis of the FDAAA Amendments (May 2010).
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Abstract: In this paper, I argue that in light of the history, development, and social implications (policy concerns) raised by the growth of DTC advertising, the 2007 FDAAA amendments are a step in the right direction. The various provisions related to DTC advertising strike a fairly good balance between allowing the flow of information, on the one hand, and minimizing risks from DTC advertising, on the other. First, I develop a four-fold conceptual framework within which we can situate various debates over the wisdom of DTC advertising. Second, I explore the FDA’s regulatory structure. Third, I look at the history and development of DTC advertising. Fourth, I look at post-1999 developments that shaped the ultimate form of the 2007 Amendments. Finally, I critically evaluate the 2007 Amendments and, having laid the foundation four my argument in sections 1-4, I defend the wisdom and constitutionality of the Amendments.
Terms of Use: This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAA
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:8822187

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