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Drug companies could get new rules for online advertising

September 22, 2009

The FDA will hold hearings to codify new rules governing the online promotion and marketing of drugs, in a move that industry and consumer advocates alike have long been calling for.

A variety of issues relating to microblogging, instant messaging, and side-effect disclosures are currently a more or less ungoverned area, with the FDA enforcing some rules spottily and others not at all. Earlier this year, the FDA came down hard on online advertisements for Celebrex, among other drugs, saying that they failed to adequately warn consumers of possible side effects.

The previous standard for disclosure of side effects in online drug ads was the "one-click" rule. Advertisers and drug companies assumed that providing all required disclosure information within one click of their search ads was sufficient. The FDA crackdown surprised drug companies, but pleased consumer advocates.

Both sides, though, agree that consistently enforced and updated rules were key to adequate regulation of online drug marketing. John Kamp, executive director of a pharmaceutical industry association told the New York Times back in April that "this is the kind of thing,…that deserves a good conversation and recognition of the media reality that we're operating in."

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