State courts in West Virginia and New Jersey that declared the "learned intermediary" doctrine outmoded by DTC advertising were right on the money, according to Government Accountability Project executive director Mark Cohen. Writing in an online column in November, he said the doctrine made some sense until the appearance of the first DTC ad in 1981 and FDA's 1997 advertising guidance. He said that if other states follow the lead of New Jersey and West Virginia in eliminating the learned intermediary, drugmakers will be legally and financially accountable for fully informing patients about product risks.
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