What are the rules for advertising and promotion of pharmaceuticals?

In Delaware, the rules for advertising and promotion of pharmaceuticals are subject to the Pharmaceutical Advertising Disclosure Act. This act requires that all advertising for pharmaceuticals must include information about the risks and side effects that may be associated with the drug, as well as information about the indications for use. Any claim made about the efficacy of the drug must be able to be proven, and the ad must also disclose contact information for the physician or pharmacist who prescribed or dispensed the drug. In addition, pharmaceutical advertising must be clearly distinguishable from other forms of advertising, including news stories and editorials. The advertisement must also clearly identify which company or organization created or funded the advertisement; it cannot be disguised as a news story or other third-party endorsement. Finally, all advertisements must adhere to the Delaware Consumer Fraud Act, which prohibits false or misleading statements. Any claim that cannot be proven must be clearly identified as an opinion or speculation. Any advertisement that fails to comply with these rules may be subject to civil or criminal penalties.

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