New legislation has been introduced in response to the Food and Drug Administration (FDA) advisory on banning over-the-counter (OTC) cough and cold medicine. The Non-Prescription Drug Modernization Act will give the FDA the authority to regulate OTC drug advertisements. Advertisers could be levied with a monetary fine for infractions outlined in the new Bill.
If passed, the new legislation will allow the FDA to quickly ban the marketing of OTC drugs while the rulemaking process is sorted out. Currently OTC drug ads are under the Federal Trade Commission's jurisdiction, with the FDA overseeing ads for prescription drugs
Adonis Hoffman, Senior Vice President and Counsel to the American Association of Advertising Agencies, has stated that there are already "ample and appropriate regulatory penalties in place to handle these problems" and is not sure whether "there is a need for new changes."
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