Petition Seeks Ban on Music in DTC Ads

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A citizen petition from two groups and three individuals is asking FDA to ban music in direct-to-consumer (DTC) television, radio and internet streamed advertisements because it distracts the audience’s attention from product side effects and contraindications. Filed by Knowledge Ecology International, the Center for Digital Democracy, and three individuals, including Emory Law School professor Liza Vertinsky and Yale Medical School fellow Reshma Ramachandran, the petition urges the agency to specifically ban music from the sections of direct to consumer advertisements that address side effects and risks.

 

The petition argues that there is a “growing body of literature” that criticizes DTC advertisements for being designed in ways that use “visuals and sound to enhance the impression of health benefits, while using images and sounds to systematically distract attention from the side effects and contraindications.” It focuses on background music and how it works as a distraction to the presentation of risks and “therefore is in conflict with the FDA’s fair balance provision and should be banned,” the petitioners say.

 

“Whether attention-gaining music enhances or distracts from processing may therefore depend on the consistency of meaning conveyed by the music and verbal message,” the petition contends. “This incongruence between music and message is highly prevalent in television drug commercials. According to the FDA, DTC drug commercials must present a balance of the benefit and risk; however, the background music chosen for most drug commercials often distracts from the risks by being incongruent with its messaging.”

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