From: Maire [mairedodd@worldnet.att.net]
Sent: Thursday, September 05, 2002 10:46 AM
To: fdadockets@oc.fda.gov
Subject: court protections for commercial speech

I am very grateful to be able to express my strong feelings on this topic. I do not believe that the rights of corporations to promote drugs, tobacco, or alcohol outweigh the rights of the individual to be protected from such advertisement. The purpose of the commercials is not to educate, it is to convince the consumer that it is something that they need. 
I have 3 small children, ages 4-10 yrs., and they are particularly vulnerable to commercials. But they are not the only ones...these commercials suggest that perhaps you should  consult your doctor for many symptoms that we all may experience on occassion. Granted, it is noted that it may not be right for everyone, but people don't really hear that. In this world of quick fixes, these commercials appeal to those not savvy enough to think it thru. Basically, most commercials are counting on people taking their word as authority.
I am also opposed to all of the commercials geared toward children. They are particularly susceptible to advertising and don't necessarily have parents who are teaching them what the goals of the ads are. Junk food, drugs...what about preadolescents and teenagers who are struggling with normal issues of their age, but in a difficult world. They do not need to be exposed to commercials in which a number of symptoms are cited and then think that there is something wrong with them...that they have issues that are diagnosible instead of normal struggles. This is not to say that the drugs are not useful in certain cases. But I do not believe they need to be shown to the general public.
Our country was founded upon the rights and protection of the individual, the true individual, not the legally-defined corporate individual.
The drug commercials provide a disservice, not a service to the public. From the day I saw them, I was opposed. Their goal would seem to be to promote the cycle that taking these drugs requires--doctor visits, prescription written, follow-up with doctor, more prescriptions. But more than this, I feel that they are dangerous because they make even the average guy, who will have aches and pains, or fears, etc. from time to time, feel like there really must be something wrong with them. We don't need more of this. People are doing the best they can as it is. It is exploitative.
In addition to grown-ups, the children must be protected. I monitor what my kids watch, but you can't be there every second. We discuss things freely, but commercials are persuasive and they are easily impressed.
I do not believe in the advertisement of drugs, alcohol, or tobacco...I thank you for the opportunity to voice my opinion and hope that you will keep in mind that the agency should be protecting the rights of the individual, not the corporations and pharmaceutical companies.
Mary Jane Dodd