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July 21st, 2026
Experts: Ending Adequate Provision Would Shut Down Prescription Drug Ads
Jeffrey A. Greenbaum was quoted in the Regulatory Affairs Professionals Society (RAPS) article, "Experts: Ending Adequate Provision Would Shut Down Prescription Drug Ads." The article discusses the FDA's proposal to eliminate the "adequate provision" requirement in direct-to-consumer (DTC) prescription drug advertising, a change that experts say could effectively result in a de facto ban on prescription drug advertisements.
Adequate provision currently allows drug companies to highlight a medication's major risks in advertisements while directing consumers to the full prescribing information through other sources. Experts argue that eliminating this approach would make advertisements significantly more costly and difficult to produce, particularly for television and radio. As a result, the proposal is expected to face strong opposition from the pharmaceutical industry. Some experts also believe the rule could raise First Amendment concerns by placing restrictions on commercial speech.
Greenbaum emphasized the significant impact the proposal could have on the pharmaceutical advertising industry, stating that a "rule change like this will dramatically change the landscape of direct-to-consumer advertising in the United States. This is not just a small change." He also noted that "the intent behind this rule change is to essentially make most DTC ads impossible. I think that the kinds of drug ads that you see on TV are going to end."
Other Quoted
Environmental Marketing Regulations are Contradictory. How do Advertisers Comply?
Jeffrey A. Greenbaum is quoted in a Marketing Brew article covering Frankfurt Kurnit's Climate Week NYC program on the evolving legal landscape of environmental marketing. Read more.
September 24 2026
Tyler Maulsby Discusses New York’s Updated Lawyer Advertising Rules
Tyler Maulsby is quoted in a New York State Bar Association article discussing significant updates to New York’s lawyer advertising rules. Read more.
September 8 2026
Matthew Pearson Quoted on AI, Chatbots, and California Privacy Litigation
Matt Pearson is quoted in the MLex article, AI Changes the Conversation Around California’s Wiretap Law, which examines how courts are applying California's wiretapping statutes to artificial intelligence technologies, including AI notetakers and chatbots. Read more.
August 27 2026
