Direct to Consumer Advertising of Prescription Drugs in New Zealand: Justifications for a Complete Ban

Abstract

This paper deals with the controversially discussed issue of advertising for prescription drugs directly to the consumer. In contrast to almost every other country in the world, this kind of advertising is not prohibited in New Zealand. A recent attempt of the former government to ban it was not successful and the current government shows no interest to take up the issue. However, the paper shows that the disadvantages for public health arising from promotion of prescription drugs to the consumer clearly outweigh the advantages. Furthermore, it is argued that the current regulatory system does not sufficiently protect the consumer from these disadvantages and that there is thus a need for legislative action. The paper then compares the different regulatory options and concludes that from a consumer viewpoint a comprehensive ban of prescription drug advertising directly to the consumer is desirable. Finally, the conflict of such a ban with the right to freedom of expression is analysed. It is argued that it constitutes a justifiable limitation of this right and is therefore the preferable solution.