What are the regulations regarding the promotion and advertising of drugs?

In order to regulate the promotion and advertisement of drugs, the state of New Hampshire has legislated specific laws. According to the New Hampshire Pharmaceutical Laws, all promotional materials must follow certain regulations, including accuracy, fair balance, design, and content. In addition, all materials must be consistent with U.S. Food and Drug Administration (FDA) guidelines. Advertising of prescription drugs must include a fair balance of risk information and benefit information that is not misleading and does not overemphasize a drug’s benefits. No claims, statements, or sound-bites can be used in the advertising of drugs that have not been approved by the FDA. The law also requires all labeling, advertising, and promotional materials to be approved in advance of distribution. Before distributing any pharmaceutical materials, companies must submit an application to the New Hampshire Board of Pharmacy and receive approval. All promotional materials must be reviewed and approved by a qualified medical professional. In addition, all promotional materials must be consistent with professional standards of practice and accepted medical knowledge. The law also prohibits the promotion of pharmaceuticals for off-label uses, which are any uses not approved by the FDA. Finally, the law stipulates that all promotional materials must clearly and prominently communicate the product’s name, strength, dosage form, route of administration, and other applicable information. All material must state the risks associated with the drug, side effects, contraindications, and other relevant warnings.

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