La publicidad directa al público de los medicamentos con recetael justo equilibrio entre los beneficios y los riesgos

Abstract

This study aims to discuss the risks and benefits o f direct-to- consumer advertising of drugs and prescription drug s. The general objetive of the regulation in the European Union is to protect the rational use of drugs , and impose on Member States a ban on direct-to-consumer advertising of prescription drugs. Also, when the object of publicity is others drugs, this european regulation stablishs some conditions. Currently, only in USA a nd New Zealand direct-to consumer advertising of prescription drugs is allowed; we explain the American System, and expose the public debat in this subject . This article presents the conflict between two constitutional right that dese rve protection: on the one hand, the right to freedom of expression, also the right to freedom of enterprise or commercial freedom; on the other hand, the so-called right to health; and what is the responsability of the State regarding its in tervention in the private sector justified in rational drug use. The article also refers to the right to information and the need for advertising to show a fair balance between the benefits and risks of the advertising drug.