The Compatibility of Advertising Regulation and the First Amendment—Another View

If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service information about how to choose which publication to write for and submission guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information. About Emerald www.emeraldinsight.comEmerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services.Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation.Abstract The promotion of tobacco products has received detailed attention. However, this research has focussed on the effects of tobacco advertising or sponsorship, and how restrictions on promotion activities affect demand. By contrast, comparatively few studies have examined the regulatory implications of variations in the guidelines or statutes governing tobacco promotions. In this paper we analyse the issues arising from inconsistencies in international tobacco promotion regulations and the proposals designed to address these. We conclude that because the development and application of consistent regulations infringes on the economic interests and traditions of civil liberties in some nations, the prospects for implementing internationally adhered to protocols is gloomy. A more practical solution may be to control the conditions of sale of tobacco products as these are more readily circumscribed by domestic regulation.

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The False Claims Act: a review and policy recommendations

Schramm

Herbst

Mattie

2014

International Journal of Pharmaceutical and Healthcare Marketing

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Purpose – The purpose of the study is to review The False Claims Act (FCA) settlements and challenges facing the industry to suggest the motivation behind firms’ alleged fraudulent activity. FCA has been applied against pharmaceutical companies by the US Government to combat marketing fraud including kickbacks, improper pricing and off-label promotion. The interests of the US Government and medical professionals are also considered. Changes to the law governing pharmaceutical marketing practices are recommended. Design/methodology/approach – Cases settled under the FCA between 2005 and 2012 were identified by accessing the US Department of Health and Human Services (DHHS) Corporate Integrity Agreements Web site and annual reports and the quitamhelp.com Web site. Case details were collected from US Department of Justice press releases, DHHS annual reports, and case documents in the Public Access to Court Electronic Records database. Findings – Of the settled cases in the final sample, improper pricing practices were evident in 33 per cent of the cases; off-label promotion in 52 per cent; and both in 15 per cent of the cases. Forty-eight per cent of the alleged fraudulent marketing activity occurred within the brands’ first year and 68 per cent within the first two years on the market. Reported settlements ranged from US$4 million to US$4.3 billion. Originality/value – This research simultaneously considers business issues facing the pharmaceutical industry and alleged fraudulent marketing activity to recommend changes to the law governing drug promotion. Changes have the potential to improve the balance between the respective interests of industry, medicine and government and to improve compliance and patient care in the future.

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The Compatibility of Advertising Regulation and the First Amendment—Another View

Cited by 3 publications

References 8 publications

Playing the Game (or Not): How Ukraine and the United States Navigate the Hostile Regulatory Environment for Alcohol Advertising

Playing the Game (or Not): How Ukraine and the United States Navigate the Hostile Regulatory Environment for Alcohol Advertising

Tobacco promotion restrictions – An international regulatory impasse?

The False Claims Act: a review and policy recommendations

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