Protecting the Public from Itself: The Unconstitutional ‘Say No to Drug Ads’ Act

Vishnubhakat, Saurabh

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Protecting the Public from Itself: The Unconstitutional ‘Say No to Drug Ads’ Act

Washington Legal Foundation Legal Backgrounder, Vol. 25, No. 7, 2010

4 Pages Posted: 31 Mar 2010 Last revised: 30 Dec 2014

See all articles by Saurabh Vishnubhakat

Saurabh Vishnubhakat

Yeshiva University - Benjamin N. Cardozo School of Law; Duke University School of Law

Date Written: March 12, 2010

Abstract

This Legal Backgrounder examines the Say No to Drug Ads Act proposed to end the tax deductibility of direct-to-consumer (DTC) prescription drug advertising. After evaluating the SNDAA's policy implications and its impact on free commercial speech, the publication concludes that the legislation would be unsound and unconstitutional if passed into law.

Keywords: Prescription Drug Advertising, Commercial Speech

Suggested Citation: Suggested Citation

Vishnubhakat, Saurabh, Protecting the Public from Itself: The Unconstitutional ‘Say No to Drug Ads’ Act (March 12, 2010). Washington Legal Foundation Legal Backgrounder, Vol. 25, No. 7, 2010, Available at SSRN: https://ssrn.com/abstract=1579168