From: jmandm@juno.com Sent: Friday, September 06, 2002 5:58 AM To: fdadockets@oc.fda.gov Subject: Public health is more important than advertising Dear FDA, I am writing because I am concerned about commercial speech. I understand that you are seeking public comment as to your authority over commercial advertising of products under your jurisdiction, and your power to restrict this advertising. Constitutional protections for commercial speech would only serve to benefit the tobacco, pharmaceutical and advertising industries. Corporations are fictional "persons" and should not be entitled to the same First Amendment protections that real people enjoy, in regards to advertising. Real people can not afford the massive advertising campaigns that corporations employ and therefore can not respond in the same way. This basically nullifies an individuals First Amendment rights. Restricting advertising on potentially dangerous products such as tobacco, alcohol and pharmaceuticals only serves to protect the health of the public. This should be a higher priority than protecting corporations or their right to advertise. Marketing of pharmaceuticals is especially troubling. Someone who does not have a medical degree should not be asking for a specific prescription they saw on TV because they do have the knowledge needed to pick the correct product. All pharmaceutical decisions should be made in conjunction with a an educated physician who can properly diagnose an individual and prescribe a safe and effective product if one is necessary. In addition, corporations use advertising to entice children to nag their parents for products that are often unhealthy such as fast food and junk food. As a parent I do want my children constantly berated with these images. Too many children in our country are obese. Many children are experiencing Type 2 diabetes and other health problems due to improper eating habits. Children are the most precious thing we have and they must be protected. Even PBS now has commercials for sugar cereal. I can not turn on Sesame Street for my children without them being told to eat Frosted Flakes! What has happened to our society? Even worse is the fact that corporations and advertising agencies hire psychologists to employ psychological techniques to trick children into believing advertising. I find this to be both disgusting and immoral! I very strongly urge you to restrict commercial speech in order to protect the public. Sincerely, Jodi L. Eckel Cifrese 924 Jamestown Rd East Windsor, NJ 08520