[Ip-health] Lawsuit Over Right to DTC in Canada

[Joana Ramos]

http://www.dtcperspectives.com/article/Lawsuit-Over-Right-to-DTC-in-Canada/=
69.html

Lawsuit Over Right to DTC in Canada
CanWest Mediaworks is suing the federal government for not permitting DTC

Friday, 13 June 2008, 02:13 PM

According to PharmaTimes, CanWest Mediaworks, Canada=92s largest newspaper
publisher and owner of more than 30 television stations, is suing the
federal government for not permitting direct-to-consumer advertising
(DTCA) of prescription drugs because, it says, this breaches its freedom
of expression under Canada=92s Charter of Rights and Freedoms.

Along with every country in the world apart from the USA and New
Zealand, Canada does not permit DTCA of prescription drugs. However,
CanWest is arguing in the Ontario Superior Court that this prohibition,
which is enshrined in the Food and Drugs Act, places it at a competitive
disadvantage to US newspaper and magazines which are sold on Canadian
newsstands, because it prevents it from selling advertising space to
pharmaceutical manufacturers. The company also points out that Canada
does allow over-the-counter (OTC) medicines to be advertised directly to
consumers, even though these products also carry risks.

CanWest first launched its court challenge back in December 2005 and,
even though the case has had a surprisingly low profile, a large group
of concerned organizations has obtained party status to oppose it; these
include groups representing public employees, workers in the
communications, energy and paper industries, nurses, patient
associations and other advocacy groups. =93Obtaining party status for such
a diverse group is something of a breakthrough =96 it means that we can
call our own witnesses and cross-examine,=94 says one of the parties, the
Canadian Union of Public Employees (CUPE).

Another group, Women and Health Protection, points out that it is the
drugmakers, and not the media, which are being prevented from
advertising their products. So, the group asks, why are the companies
not suing the government? In 1996, Merck Frosst had argued in a position
paper delivered to Health Canada that the DTCA ban was a ban on
manufacturers=92 freedom of expression, as guaranteed under Section 2(b)
of the Charter of Rights, but the firm=92s position has been based on a
decision that year on tobacco advertising.

=93Since then, no drug company has launched a Charter challenge on DTCA.
Perhaps this is because it would be a public relations disaster if
pharmaceuticals were linked to tobacco as the two industries that
challenged public health restrictions on advertising,=94 says Women and
Health Protection.

The case will finally be heard this month, with a three-day hearing set
to begin on June 16.

----------------
Joana Ramos, MSW
Cancer Resources & Advocacy
Seattle WA USA
+1-206-229-2420
http://ramoslink.info/
www.bmtbasics.org