Background Music During Risk Segment Of Rx Drug Ads: FDA Explains Its Policy
Total ban on background music is unnecessary, agency says in denying KEI’s petition. FDA points to new ‘major statement’ rule and its previous letters objecting to a sponsor’s use of music in ads and says it will continue case by case analysis of ‘all of the elements’ in an ad.
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FDA’s final rule on the major statement in DTC ads includes additional standard for presenting a drug’s side effects and contraindications in a clear, conspicuous and neutral manner. Rule permits ‘creative elements’ during presentation, including upbeat music.
Proposed rule issued in March 2010 requires ‘major statement’ on a drug’s side effects in ‘a clear, conspicuous, and neutral manner’ for TV and radio ads. Bill would mandate a final rule within six months.
KEI argues a wholesale ban on music during the presentation of risk information in drug ads would be a more clear-cut way for FDA to enforce its existing goals. Others say the ban goes much further than past FDA policy and enforcement.