Private Broadcaster Ups the Ante in Challenging Canada's Limitations on Direct-to-Consumer Drug Advertising

As reported in the National Post recently, CanWest Mediaworks Inc, the owner of the National Post (CanWest), has launched an action in the Federal Court of Canada for an order compelling the federal Minister of Health and the Attorney General to enforce the existing rules against direct-to-consumer advertising (DTCA) in pharmaceuticals. In a press report accompanying the announcement of the legal proceedings, the applicant said it was taking the action because of the federal government's failure to investigate and prosecute the US media for breaching Canada's stricter prescription drug advertising laws. (The US and New Zealand are the only countries to allow DTCA for prescription drugs). Media companies such as CanWest have a large stake in the issue because drug companies represent a potentially lucrative source of ad revenues, if DTCA were permitted. In an earlier legal proceeding commenced by CanWest in December 2005 in the Ontario Superior Court, the applicant is seeking to have the DTCA regime declared to be beyond the powers of the federal government, as contrary to the Charter. For the National Post article, see: http://tinyurl.com/33txdk Further background material on surrounding policy issues can be found on the web site of the Center for Media & Democracy at: http://tinyurl.com/2qjqut For a copy of the January, 2006 report, "Direct-to-Consumer Advertising of Prescription Drugs in Canada" by Barbara Mintzes, see: http://tinyurl.com/2l2twe Summary by: The Editor