A commercial speech is one that proposes a commercial between the presenter and the audience of the speech. In health, the Food and Drug Administration (FDA) regulates the kind of language that the manufacturers of the drugs put on the drugs and use in marketing their products (Bayer, 2002).
Commercial speech in the regulation of FDA includes all the product labeling, advertising done abut the products and the promotional materials. To regulate the governments’ intervention on commercial speeches, the Supreme Court facilitated the making of a four-part test to make sure that the speech does not go contrary to any regulations.
The speech must be lawful and not misleading. That is, the government can intervene in cases of illegal drugs and others like fraud. Substantiality of the product, both in the interests of the government and the public. Is the speech too broad or specific? Does the product advance the interest of the public and the government? (Hall, 2005). In health, it is necessary to put into check the kind of language that the manufacturers use to make the sales of their products.
Businesses have profit making in mind. They may use language that is persuasive that may not be truthful. In most cases they neglect the negativity of their products, this include the side effects and the repercussions of excess consumption of the product. A good example is cigarette manufacturers (Bayer, 2002).
Commercial speech forms a very crucial part of the sales and marketing of a product. Information about of the products and persuasive language are their major contents. Notably, health is a very sensitive area of manufacturing. Rules and regulations are put in place to make sure that the consumers are protected for unscrupulous businesspersons (Hall, 2005).
- Bayer, R. (2002). Tobacco, Commercial Speech, and Libertarian Values: The End of the Line for Restrictions on Advertising? American Journal of Public Health (92: 3). Retrieved on 18th July 2010 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447076/pdf/0920356.pdf
- Hall, R. F. (2005). “Off-label” speech: uncertainty reigns for device and drug makers: Legal backgrounder (20: 59). Retrieved on 18th July 2010 http://www.wlf.org/upload/120205LBHall.pdf
Cite this Commercial Speech in the Regulation of FDA
Commercial Speech in the Regulation of FDA. (2016, Sep 14). Retrieved from https://graduateway.com/commercial-speech/