Shaming Big Pharma
36 Yale Journal on Regulation Bulletin 131 (2019)
17 Pages Posted: 28 Jan 2019 Last revised: 2 Mar 2019
Date Written: January 21, 2019
The FDA recently published a list of top branded drug companies that are suspected of purposely blocking competition from the generic drug industry. Calling out big pharma by “naming and shaming” them into good behavior is an innovative, still largely experimental, regulatory tool designed to harness public opinion and build on pharma’s reputational sensitivities. This Essay analyzes the FDA’s new initiative as a form of regulation by shaming, points to crucial flaws in the agency’s use of the tactic, and suggests key points for improvement.
Keywords: regulation, shaming, FDA, pharma, administrative law
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