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Republicans stand up to drug-safety bill requirement for prohibiting DTC ads

Pharma Compliance Alert, April 25, 2007

The Senate Health, Education, Labor and Pensions panel passed legislation Wednesday that reauthorized the Prescription Drug User Fee Act, which includes drug safety provisions, as well as labeling and DTC requirements, reports Congressional Quarterly. All of the committee's Democrats backed the bill, along with Republicans Michael B. Enzi of Wyoming, Lamar Alexander of Tennessee, Lisa Murkowski of Alaska, Orrin G. Hatch of Utah, and Pat Roberts of Kansas.

However, Roberts threatened to oppose the bill on the floor if Kennedy did not alter language that would restrict consumer advertising by drug companies. The panel vetoed Roberts' amendment 12 to 10 that allowed looser DTC restrictions. "I'm not going to go down without a fight when this bill hits the floor," Roberts told Kennedy. "I do not think it's constitutional." Roberts said the original language--which said the restriction would apply in only rare instances--would unconstitutionally deny drug companies their first amendment rights.

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