The drug industry was concerned when the debate over a Food and Drug Administration bill looked like it was going to drastically impact the way they marketed their drugs.
They breathed as sign of relief as the final version of the bill, which passed the House and the Senate, gives the FDA power to require the industry to submit TV ads to them before their aired, but cannot force changes to the ads, only offer recommendations.
Early drafts of the bill had generated concerns because they would have given the FDA authority to block advertising that included serious safety concerns.
On the other hand, the agency does have the power to fine companies if it is concluded they have presented misleading or false ads, although at this time they must get court approval to impose the penalties.
Interestingly, the major groups battling the legislation were the recipients of advertising like the National Association of Broadcasters and the Advertising Coalition, which represents a broad section of media and advertising interests.
With pharmaceuticals the tenth largest advertiser in 2006, spending $5.3 billion, or 3.5 percent of the $149.6 billion U.S. ad market, the entertainment industry didn't want to see huge cuts made from the bill.
Pharmaceutical spending is also the fastest growing category of all advertisers inthe U.S., growing by 13.8 percent from 2006 to 2007.
In general this is good news, as those that always have good intentions end up harming industries and people by attempting to overreach through overresponse to situations that can never be perfect.
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