On November 17, 2015, physicians at the Interim Meeting of the American Medical Association ("AMA") adopted a new policy calling for a ban on DTC advertising of prescription drugs and medical devices. The AMA adopted the policy position to address growing concerns among its membership that prescription drug advertisements encourage patients to seek medicine unnecessarily, resulting in pressure on doctors to write prescriptions or otherwise risk losing patients. According to the AMA, the proliferation of prescription drug advertisements also contributes to rising drug costs. The group plans to convene a physician task force and launch an advocacy campaign to promote prescription drug affordability and greater transparency in drug prices and costs. In addition, the announcement suggests that the AMA will monitor mergers and acquisitions within the pharmaceutical sector, with an eye toward the impact of such transactions on drug prices.
Although the AMA policy has no legal effect, it adds significantly to the ongoing public debate over drug prices and the regulation of pharmaceuticals by formalizing the position of an influential group within the medical community. The action also comes at a time when the traditional bounds of pharmaceutical marketing activities are being challenged in court, including the recent preliminary injunction granted in Amarin Pharma, Inc. v. FDA, which reaffirmed First Amendment protection of commercial speech involving truthful, non-misleading promotion of a prescription drug for off-label use.
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