The latest from DTC Perspectives

Congressman Wants To Ban ED Ads

Do I have your attention? Actually the proposal is to ban ads before 10 pm. Jim Moran(D) of Virginia is tired of seeing ED ads during the day on sports shows and feels they are indecent. He wants to ban all ED ads until the late viewing hours so kids will not hear the terms erection and sex.

This is a serious issue with many Americans who do feel embarrassed discussing sex or answering questions from kids who see the commercials on golf, football or other sporting events. The PhRMA DTC guidelines do suggest age appropriate targeting for ED ads.

Moran is tired of being told the drug companies will self-regulate the times of ED ad placement. He says he receives many complaints. Consequently he wants to use the standards of indecency and have the FCC intervene, a la Janet Jackson’s one second breast flash during the Super Bowl.

I can see both sides of this issue. Drug companies are promoting a product that can help people and running them at times when their age target is watching. Many 60+ males watch sports, and also many are asleep by 10pm and would not see the ads if they are legislated to run late night. On the other hand, I do see the problem being asked about a 4 hour erection by an 8 year old. We have conflicting issues of free speech and the decency standards of the community. Should embarrassment trump free speech? The Supreme Court supported the fine for the Janet Jackson incident. That was different, however, because the intent was to shock the audience, not educate them on a serious medical condition.

While I support the concept of age targeting, it is unfair to force drug companies to avoid times when their audience is watching. Do we ban birth control ads as well? What about feminine hygiene? Where does it stop? Is any reference to sex prohibited before 10pm? I worry about this slippery slope. American society is not in danger because of ED ads. Kids see a lot of embarrassing things on television before 10pm. Potentially awkward as ED ads might be, a ban is a serious step that should be avoided by Congress.