Merck agreed to submit all television ads to the FDA before running them and to adhere to agency recommendations on them as part of a Vioxx-related settlement. Under the terms of the May settlement, Merck will pay $58 million to settle with 29 states over alleged deceptive advertising of Vioxx. Many companies, including Merck, already voluntarily submit DTC advertising to FDA before it runs. But industry advocates, voicing First Amendment concerns, have long feared that preclearance of advertising might be made mandatory.
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