Tell the FDA: public health is more important than advertising
Gary Ruskin
gary@commercialalert.org
Wed, 04 Sep 2002 16:17:56 -0700
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COMMERCIAL ALERT UPDATE, SEPTEMBER 4, 2002
TELL THE FDA: PUBLIC HEALTH IS MORE IMPORTANT THAN ADVERTISING
SUMMARY
The U.S. Food and Drug Administration (FDA) is seeking public comment on
its authority over commercial advertising of products under its
jurisdiction, and its power to restrict this advertising. (The legal
term is "commercial speech.") The request for comment arises from
recent court decisions that expand constitutional protections for
"commercial speech."
We strongly encourage you to comment. You do not have to be an “expert”
to comment, and comments can be short. The deadline is September 13,
2002.
To please the pharmaceutical industry, the Bush Administration appointed
Daniel Troy as the FDA’s chief counsel. Mr. Troy is a leading advocate
for constitutional protections for commercial speech, which would
greatly benefit the tobacco, pharmaceutical and advertising industries.
Not coincidentally, the tobacco and pharmaceutical industries give huge
“soft money” campaign contributions, mostly to Republicans. (For more
information on these contributions, see
<http://www.opensecrets.org/softmoney/softtop.asp?txtCycle=2002&txtSort=amnt>.)
WHY COMMENT?
Because public comments will strongly influence the FDA's decision on
how to treat issues of commercial speech.
HOW TO COMMENT
You can submit comments to the FDA electronically at
<http://www.fda.gov/dockets/ecomments> and then scroll down to
"02N-029-Request for Comments on First Amendment Issues." Or you can
email comments directly to the FDA at <fdadockets@oc.fda.gov>.
You can send written comments by mail to: Dockets Management Branch,
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD
20852. Send two copies.
If you have any questions, please call Tom Adkins, Commercial Alert's
deputy director, at 503.238.7775 or email <tom@commercialalert.org>.
SOME IDEAS FOR COMMENTS
The basic issue here is whether corporations -- which are fictional
"persons" created by law -- are entitled to the same First Amendment
protections that real people enjoy, in regards to advertising. There are
many reasons why they are not.
* When corporations enjoy First Amendment protections it essentially
nullifies the speech rights of individuals, since individuals cannot
afford the massive advertising campaigns that corporations wage, and so
cannot talk back.
* Restrictions on the advertising of tobacco, alcohol, gambling and
pharmaceuticals are essential for protecting public health. Of all the
problems facing our country, insufficient advertising of cigarettes,
liquor, etc. is not one of them.
* Corporations use advertising to drive a wedge between parents and
children, and seduce children to nag for junk food and other items that
many parents oppose.
* Children are especially vulnerable to advertising, because
corporations use sophisticated psychological techniques to trick them,
and because children lack the maturity to deal with these techniques.
* Due largely to the assault of marketing to children, there have been
marked increases in marketing-related diseases, such as childhood
obesity and type 2 diabetes.
* For the FDA, public health should be a higher priority than protecting
corporations or their right to advertise.
* Corporations are far too powerful already. The FDA should seek the
right balance between individuals and corporations in the arena of
public health, and not tip it further towards corporations and their
lobbyists in our nation’s capital.
In addition, the FDA should work hard to maximize its authority to
regulate commercial speech because:
* Direct-to-consumer drug advertising exists primarily to promote the
sale of drugs, not to educate.
* Although the FDA does not currently have jurisdiction over tobacco,
there are many proposals to give it such jurisdiction. If the FDA gains
jurisdiction over tobacco, but has little power to regulate advertising,
it would not be able to protect public health from the tobacco
companies. Advertising of tobacco should be illegal in the United
States.
BACKGROUND
Essential Action has prepared excellent briefing materials on the FDA
request for comment, and commercial speech in general. They are
available at: <http://www.essentialaction.org/commercialspeech/>.
WHAT ELSE YOU CAN DO TO HELP
Please forward this email to your friends and encourage them to write
comments to the FDA.
Commercial Alert's mission is to keep the commercial culture within its
proper sphere, and to prevent it from exploiting children and subverting
the higher values of family, community, environmental integrity and
democracy. For more information, see Commercial Alert's website at
<http://www.commercialalert.org>
Commercial Alert's materials are distributed via our email list. To
subscribe, go to
<http://lists.essential.org/mailman/listinfo/commercial-alert>, or send
a blank message to <subscribe@commercialalert.org>. Subscribers receive
1-2 emails per week.
This note is posted at:
<http://lists.essential.org/pipermail/commercial-alert/2002/000123.html>.
--
Gary Ruskin | gary@commercialalert.org
Commercial Alert | http://www.commercialalert.org/
Congressional Accountability Project |
http://www.congressproject.org/
phone: 503.235.8012 | fax: 503.235.5073
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<b><font face="Gill Sans MT">COMMERCIAL ALERT UPDATE, SEPTEMBER 4, 2002</font></b>
<p><b><font face="Gill Sans MT">TELL THE FDA: PUBLIC HEALTH IS MORE IMPORTANT
THAN ADVERTISING</font></b>
<p><b><font face="Gill Sans MT">SUMMARY</font></b>
<br><font face="Gill Sans MT">The U.S. Food and Drug Administration (FDA)
is seeking public comment on its authority over commercial advertising
of products under its jurisdiction, and its power to restrict this advertising.
(The legal term is "commercial speech.") The request for comment
arises from recent court decisions that expand constitutional protections
for "commercial speech."</font>
<p><font face="Gill Sans MT">We strongly encourage you to comment.
You do not have to be an “expert” to comment, and comments can be short.
The deadline is September 13, 2002.</font>
<p><font face="Gill Sans MT">To please the pharmaceutical industry, the
Bush Administration appointed Daniel Troy as the FDA’s chief counsel.
Mr. Troy is a leading advocate for constitutional protections for commercial
speech, which would greatly benefit the tobacco, pharmaceutical and advertising
industries. Not coincidentally, the tobacco and pharmaceutical industries
give huge “soft money” campaign contributions, mostly to Republicans. (For
more information on these contributions, see <<a href="http://www.opensecrets.org/softmoney/softtop.asp?txtCycle=2002&txtSort=amnt">http://www.opensecrets.org/softmoney/softtop.asp?txtCycle=2002&txtSort=amnt</a>>.)</font>
<p><b><font face="Gill Sans MT">WHY COMMENT?</font></b>
<br><font face="Gill Sans MT">Because public comments will strongly influence
the FDA's decision on how to treat issues of commercial speech.</font>
<p><b><font face="Gill Sans MT">HOW TO COMMENT</font></b>
<br><font face="Gill Sans MT">You can submit comments to the FDA electronically
at <<a href="http://www.fda.gov/dockets/ecomments">http://www.fda.gov/dockets/ecomments</a>>
and then scroll down to "02N-029-Request for Comments on First Amendment
Issues." Or you can email comments directly to the FDA at <<a href="mailto:fdadockets@oc.fda.gov">fdadockets@oc.fda.gov</a>>.</font>
<p><font face="Gill Sans MT">You can send written comments by mail to:
Dockets Management Branch, Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Send two copies.</font>
<p><font face="Gill Sans MT">If you have any questions, please call Tom
Adkins, Commercial Alert's deputy director, at 503.238.7775 or email <<a href="mailto:tom@commercialalert.org">tom@commercialalert.org</a>>.</font>
<p><b><font face="Gill Sans MT">SOME IDEAS FOR COMMENTS</font></b>
<br><font face="Gill Sans MT">The basic issue here is whether corporations
-- which are fictional "persons" created by law -- are entitled to the
same First Amendment protections that real people enjoy, in regards to
advertising. There are many reasons why they are not.</font>
<p><font face="Gill Sans MT">* When corporations enjoy First Amendment
protections it essentially nullifies the speech rights of individuals,
since individuals cannot afford the massive advertising campaigns that
corporations wage, and so cannot talk back.</font>
<p><font face="Gill Sans MT">* Restrictions on the advertising of tobacco,
alcohol, gambling and pharmaceuticals are essential for protecting public
health. Of all the problems facing our country, insufficient advertising
of cigarettes, liquor, etc. is not one of them.</font>
<p><font face="Gill Sans MT">* Corporations use advertising to drive a
wedge between parents and children, and seduce children to nag for junk
food and other items that many parents oppose.</font>
<p><font face="Gill Sans MT">* Children are especially vulnerable to advertising,
because corporations use sophisticated psychological techniques to trick
them, and because children lack the maturity to deal with these techniques.</font>
<p><font face="Gill Sans MT">* Due largely to the assault of marketing
to children, there have been marked increases in marketing-related diseases,
such as childhood obesity and type 2 diabetes.</font>
<p><font face="Gill Sans MT">* For the FDA, public health should be a higher
priority than protecting corporations or their right to advertise.</font>
<p><font face="Gill Sans MT">* Corporations are far too powerful already.
The FDA should seek the right balance between individuals and corporations
in the arena of public health, and not tip it further towards corporations
and their lobbyists in our nation’s capital.</font>
<p><font face="Gill Sans MT">In addition, the FDA should work hard to maximize
its authority to regulate commercial speech because:</font>
<p><font face="Gill Sans MT">* Direct-to-consumer drug advertising exists
primarily to promote the sale of drugs, not to educate.</font>
<p><font face="Gill Sans MT">* Although the FDA does not currently have
jurisdiction over tobacco, there are many proposals to give it such jurisdiction.
If the FDA gains jurisdiction over tobacco, but has little power to regulate
advertising, it would not be able to protect public health from the tobacco
companies. Advertising of tobacco should be illegal in the United
States.</font>
<p><b><font face="Gill Sans MT">BACKGROUND</font></b>
<br><font face="Gill Sans MT">Essential Action has prepared excellent briefing
materials on the FDA request for comment, and commercial speech in general.
They are available at: <<a href="http://www.essentialaction.org/commercialspeech/">http://www.essentialaction.org/commercialspeech/</a>>.</font>
<p><b><font face="Gill Sans MT">WHAT ELSE YOU CAN DO TO HELP</font></b>
<br><font face="Gill Sans MT">Please forward this email to your friends
and encourage them to write comments to the FDA.</font>
<br>
<p><font face="Gill Sans MT">Commercial Alert's mission is to keep the
commercial culture within its proper sphere, and to prevent it from exploiting
children and subverting the higher values of family, community, environmental
integrity and democracy. For more information, see Commercial Alert's website
at <<a href="http://www.commercialalert.org">http://www.commercialalert.org</a>></font>
<p><font face="Gill Sans MT">Commercial Alert's materials are distributed
via our email list. To subscribe, go to <<a href="http://lists.essential.org/mailman/listinfo/commercial-alert">http://lists.essential.org/mailman/listinfo/commercial-alert</a>>,
or send a blank message to <<a href="mailto:subscribe@commercialalert.org">subscribe@commercialalert.org</a>>.
Subscribers receive 1-2 emails per week.</font>
<p><font face="Gill Sans MT">This note is posted at: <<a href="http://lists.essential.org/pipermail/commercial-alert/2002/000123.html">http://lists.essential.org/pipermail/commercial-alert/2002/000123.html</a>>.</font>
<br><font face="Gill Sans MT">--</font>
<br><font face="Gill Sans MT">Gary Ruskin | gary@commercialalert.org</font>
<br><font face="Gill Sans MT">Commercial Alert | <a href="http://www.commercialalert.org/">http://www.commercialalert.org/</a></font>
<br><font face="Gill Sans MT">Congressional Accountability Project |</font>
<br><font face="Gill Sans MT"><a href="http://www.congressproject.org/">http://www.congressproject.org/</a></font>
<br><font face="Gill Sans MT">phone: 503.235.8012 | fax: 503.235.5073</font>
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