TORONTO – Responding to a story broken earlier today by www.cartt.ca, CanWest MediaWorks issued the following statement:
On December 23, 2005, CanWest MediaWorks Inc. filed an application to the Ontario Superior Court asking it to strike down the current federal statute and regulations restricting direct-to-consumer (DTC) advertising of prescription medicines, on the basis they constitute a violation of section 2(b) of the Canadian Charter of Rights and Freedoms guaranteeing the freedom of expression.
The current advertising restrictions are unfair, ineffective and discriminatory. Canadians already see significant numbers of DTC prescription drug ads broadcast on U.S. television channels carried by CRTC-approved Canadian cable and satellite services, and published in U.S. magazines and newspapers widely and legally available by subscription and on Canadian newsstands.
Under the existing federal Food and Drugs Act and regulations, identical ads for the same products approved for sale in Canada would be illegal if carried by Canadian media. CanWest’s application therefore addresses an issue of basic business fairness.
The government has conducted reviews of DTC prescription drug advertising at different times over the last decade, without any changes forthcoming. The Canadian Media, through its relevant associations, has participated in these reviews throughout the years.
As the Government of Canada has indicated its intention to replace the existing Food and Drugs Act with new legislation, it is vital that the question of whether the existing restrictions on DTC prescription drug advertising violate the Charter of Rights and Freedoms be clarified by the Court in advance of any new law being introduced into parliament.
CanWest MediaWorks believes that any regulatory, including drug safety, requirements relating to DTC prescription drug advertising in Canada can be accommodated within new legislation that conforms to the Charter, and does not discriminate against Canadian advertisers and media.
