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<h2>SURVIVAL OF THE FITTEST ON THE TUBE</h2> these days , Justice Holmes would be quite at home watching today’s marketplace of ideas: the evening news on network television. He’d surely appreciate that every commercial for a prescription drug is a compromise between free market laissez faire and government regulation. Thanks to U.S. Food and Drug Administration (FDA) rules framed in 1997, those direct-to-consumer advertisements don’t only promise us a leg up in the struggle for existence. They are also required to warn us of any possible side-effects and above all, to “Ask your doctor.” That’s how we’ve come to dread those “rare but serious” muscle cramps from statins, that “rare but serious condition called TTP” from an anti-platelet agent, and the blockbuster erection that “lasts longer than four hours.” Only in the United States and New Zealand are manufacturers of what used to be called ethical drugs permitted to advertise directly to consumers. That example of American exceptionalism caught the attention of a French visitor to our shores last summer. After watching American network news between 6 and 7 p.m., he concluded that our nation no longer manufactures wristwatches or washing machines but makes money by selling drugs

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Ask Your Doctor: Justice Holmes and the Marketplace of Ideas

Weissmann, Gerald
The FASEB Journal , Volume 23 (12): 4039
Fed of American Socs for Experimental BiologyDec 1, 2009

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