Tiktok is Not Your Doctor: Reprioritizing Consumer Protection in Pharmaceutical Advertisement Regulation

Abstract

This Note will examine DTCA in the context of DTC telemedicine
companies, with a focus on the proliferation of such advertisements on
social media platforms.26 Part I discusses the intertwining forces that have
led to the prevalence of DTC telehealth advertising on social media.27 Part
II introduces the current regulatory scheme applicable to DTCA, and
explains the First Amendment protections afforded to commercial
speakers.28 Part III explores why DTC telemedicine companies are not
subject to the regulations applicable to DTCA generally, as well as the
implications stemming from the current lack of oversight.29 Finally, Part IV
proposes a solution to address the current regulatory asymmetry while
preserving the constitutional rights of advertisers.

Keywords: consumer protection law, telehealth, telemedicine, social media, TikTok, DTC, direct-to-consumer