There's loads of precedent pointing to commercial speech such as marketing as having some specific carve outs on the right to free speech. After all we have limits on tobacco marketing and food labeling requirements.
But they won't. Not until push-comes-to-shove, and the true bosses will reposition to 'the next thing' (smoking, sugary-foods, medicine) and then they will allow the politicians to finally block meds ads. In which case the 'next wave' will begin. Story as old as time...
The problem here is the drugs that are advertised as generally considered "good things". Anybody attempting to regulate the display of these ads would likely need to prove the ads are more harmful than any positive from the ads.
Anyway I have commented many times on the 'legalized bribing' called 'lobbying'. The dishonest ones always week because those with $$$ know very well who can they buy and who can they threaten.
Clearly the pharmaceutical companies think there's a strong reason to directly market these drugs to consumers even if they can't directly purchase these drugs. The ads almost always say "ask your doctor about..." not "think about prescribing x to your patients..." If these ads didn't do much the industry wouldn't be spending billions of dollars on them.
Thats speculative. Companies spend exorbitant amounts of money on things they lose money on all the time. What's not speculative is consumers cant buy the drugs themselves. They might ask doctors about it, but if the doctors are misprescribing that's on them or their training and not the consumer.
What's not speculative is consumers will find a way to buy the things they want to buy, and advertising has some amount of influence on purchasing decisions of most consumers.
Either way, can you draw this back to allowing or disallowing direct to consumer prescription drug advertising? Are you honestly suggesting the billions spent on drug advertising has no impact on drug sales?
It doesn't matter if the adverts have an impact on sales, if it does then doctors are to blame, tv adverts cant prescribe people medication.
If consumers didn't have in your face advertising about how this new magical wonderdrug will solve all your life problems and you'll be happy again just like all these paid actors, you think they'd still be shopping around doctors as hard? You think they'd even know to shop around for that wonderdrug or pressure their doctor to try it?
Do you think people's decisions to shop around for doctors has zero relation to the drug advertisements they see on TV, on billboards, on the side of busses, in magazines, on the radio, on websites, etc?
Do you think people would still buy as much Coca Cola if they stopped advertising?
With your logic we might as well allow marketing of tobacco to minors again. After all, stores aren't legally allowed to sell it to the minors, so it's just a fault of the stores and the kids.
Do you think we as a society are better off or worse off having pharmeceuticals directly advertised to consumers?