Direct ads may create liability dangers; consumer advertising by drug manufacturers has reopened the issue of expanded liability

Article Abstract:

The widespread direct advertising to consumers of Viagra and other prescription drugs will subject drug company label warnings to analysis by the learned-intermediary rule. Direct drug company advertisements have reopened the issue of expanded tort liability for prescription drug manufacturers. The belief that providing risk warnings intended for knowledgeable medical providers directly to patient-consumers inappropriately bypasses these providers is the basis for the proposed "advertising" exception to the learned intermediary rule.

Pharmaceutical industry, Advertising

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Is there a doctor in the house? Using failure to warn liability to enhance the safety of online prescribing

Article Abstract:

The author discusses use of failure-to-warn liability as a means of increasing the safety of prescription drug prescribing over the Internet. Topics include the rise of online prescribing, circumventing the learned intermediary, and proposed reforms in the prescribing process.

States, Dosage and administration, Prescriptions (Drugs), Medical malpractice, Liability (Law), Legal liability, Drug administration and dosage, Pharmacists

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