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.
