Commercial Speech, Drugs, Promotion and a Tailored Advertisement Moratorium (Symposium on Commercial Speech and Public Health‪)‬

INTRODUCTION The commercial speech doctrine has had a major impact on drug regulation. This Article highlights two key current issues that illustrate this impact. (1) Part I of this Article will discuss the constitutionality of a tailored safety-moratorium on television advertisements for drugs with a high risk potential. Part II will discuss the constitutionality of imposing limitations on drug manufacturers' ability to distribute medical journal article reprints that discuss new but unapproved uses for drugs. This Article maintains that the safety risks to the public rightly deserve great weight under the commercial speech doctrine.