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Combating Unlicensed Stem Cell Interventions Through Truthful Advertising Law: A Survey of Regulatory Trends

In press, Volume 9, Issue 2, McGill Journal of Law and Health

27 Pages Posted: 2 Nov 2016  

Ubaka Ogbogu

Faculty of Law & Faculty of Pharmacy and Pharmaceutical Sciences, University of Alberta

Date Written: June 17, 2015

Abstract

This paper proposes the adoption and application of consumer protection legal frameworks, specifically truthful advertising laws and enforcement strategies, as a means of combating the proliferation of clinics offering and providing unproven and unlicensed stem cell interventions to the public. The paper provides a very preliminary and generalized overview of truthful advertising laws in several countries implicated in the marketing and provision of these interventions. The paper aims to identify main trends and to show that truthful advertising laws, compared to other forms of regulation, can provide strong national and extra-national regulation to counter the marketing and provision of unproven and unlicensed stem cell interventions. This is mainly because truthful advertising laws and enforcement systems impose legally enforceable obligations on clinics operating within national boundaries, and can also be effectively enforced against extra-territorial clinics and providers through existing bilateral, regional, and international consumer protection enforcement networks.

Keywords: stem cells, false advertising, competition law, stem cell tourism, medical tourism, stem cell therapies, direct-to-consumer marketing, truthful advertising, consumer protection, international law, bioethics

Suggested Citation

Ogbogu, Ubaka, Combating Unlicensed Stem Cell Interventions Through Truthful Advertising Law: A Survey of Regulatory Trends (June 17, 2015). In press, Volume 9, Issue 2, McGill Journal of Law and Health. Available at SSRN: https://ssrn.com/abstract=2862195

Ubaka Ogbogu (Contact Author)

Faculty of Law & Faculty of Pharmacy and Pharmaceutical Sciences, University of Alberta ( email )

Edmonton, Alberta T6G 2H5
Canada
7804929055 (Phone)
7804924924 (Fax)

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