AboutLawsuits is reporting that a new study has concluded that direct to consumer advertising of prescription drugs results in unneeded prescriptions. And my reaction, just as with that other study that concluded that many direct to consumer ads are misleading, is "Duh! You needed a study for that?" I could have told you that. Why do you think pharmaceutical companies spend so much on direct to consumer advertising?
This is why, years ago, some jurisdictions held that manufacturers should not be allowed to rely on doctors to provide warnings to the consumers. If the product was one that was offered to the public through direct to consumer advertising, there should be a duty to warn the consumer the same way. Not many jurisdictions have followed the lead of those few cases, though. Maybe these new reports could some day persuade more courts to adopt this view.
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