Proskauer partners Lawrence Weinstein and Alexander Kaplan wrote the book – 11 chapters of it – on U.S pharmaceutical advertising law. The 2019 Chambers Global Practice Guide: Pharmaceutical Advertising is a great, curated resource for drug companies, hospitals, medical practices and other U.S. health care organizations. The guide provides insight to topics such as:

  • FDA and FTC Regulation of Prescription and Over-the-Counter Drugs
  • Prohibitions on off-label advertising of prescription drugs
  • The ethical guidelines of the American Medical Association and the PhRMA Foundation concerning Prescription Drug Marketing
  • FDA and FTC Regulation of Homeopathic Medicine
  • The Effect of General and Healthcare-Specific Federal Anti-Bribery Statutes on the Marketing of Prescription Drugs

UPDATE: Since publication, the Department of Health and Human Services (HHS) has announced a rule requiring pharmaceutical companies to include the price of prescription drugs in television ads if they cost over $35 per month, as part of a larger plan to address rising drug prices. The rule will further require that prices be updated quarterly, and is expected to go into effect this summer. Watch this space regarding further developments in this fast-moving field.


Want to talk advertising? We welcome your questions, ideas, and thoughts on our posts. Email or call us at /212-969-3240 or /212-969-3671.  We are editors of Proskauer on Advertising Law and partners in Proskauer’s False Advertising & Trademark practice.