FDA Declines to Ban Some Music in DTC Ads
FDA is declining to take the action sought in an 8/3/2020 petition from Knowledge Ecology International to ban all music during the presentation of risk information in direct-to-consumer ads. In its response, the agency says its current approach includes the assessment of background music in ads, where present, as part of determining whether the risk information in a specific ad is communicated effectively in light of all of the elements used in the particular ad.
The response also references a newly promulgated final regulation that will “add to existing regulatory provisions to help ensure that the major statement relating to side effects and contraindications of the advertised drug is presented in a clear, conspicuous, and neutral manner.”
The letter says FDA believes that the best course of action at this time is to continue the approach in longstanding regulations that considers all of the elements in each specific ad to determine whether risk information is communicated effectively, without a total ban on background music or any other particular element.