Abstract

http://ssrn.com/abstract=2011879
 


 



Deductions for Drug Ads? The Constitution Does Not Require Congress to Subsidize Direct-to-Consumer Prescription Drug Advertisements


Shoshana Speiser


affiliation not provided to SSRN

Kevin Outterson


Boston University School of Law

February 27, 2012

Santa Clara Law Review, Vol. 52, p. 453, 2012
Boston Univ. School of Law, Public Law Research Paper No. 12-11

Abstract:     
The First Amendment protects lawful, non-misleading advertising as commercial speech, which constrains Congressional attempts to regulate direct-to-consumer advertising (DTCA) of prescription drugs. But the Constitution does not require the federal government to subsidize advertising through the Tax Code. Congress could revoke the legislative gift of tax deductions for DTCA without running afoul of regulating speech. While DTCA proponents maintain that DTCA increases disease awareness and leads to more doctor-patient conversations, Congress could find that these purported benefits are outweighed by other negative consequences, including excessive prescribing.

Number of Pages in PDF File: 43

Keywords: First Amendment, Commercial Speech, Direct to Consumer Advertising, DTCA, Tax Law, Excessive Prescribing

JEL Classification: K19, K20, K23, K32, K34, K39

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Date posted: February 27, 2012  

Suggested Citation

Speiser, Shoshana and Outterson, Kevin, Deductions for Drug Ads? The Constitution Does Not Require Congress to Subsidize Direct-to-Consumer Prescription Drug Advertisements (February 27, 2012). Santa Clara Law Review, Vol. 52, p. 453, 2012; Boston Univ. School of Law, Public Law Research Paper No. 12-11. Available at SSRN: http://ssrn.com/abstract=2011879

Contact Information

Shoshana Speiser
affiliation not provided to SSRN ( email )
Kevin Outterson (Contact Author)
Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
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