标题：[S]ome [A]ccurate [I]nformation is [B]etter than [N]o [I]nformation [A]t [A]ll: Arguments Against an Exception to the Learned Intermediary Doctrine Based on Direct-to-Consumer Advertising
摘要：It is hard to flip through a magazine these days without being confronted by at least a few advertisements forprescription medications. Turn on the television and you will likely see several more. In a world where Rogaine[FN1] and Claritin have become household words and stories on Viagra get top billing in most newspapers, it ishardly surprising to learn that since 1994 spending on prescription drug marketing has increased by overfour-hundred percent. [FN2] No doubt the direct-to-consumer (DTC) marketing has been a boon for pharmaceuticalmanufacturers, but many critics of the practice feel the time has come to reevaluate the perception of the role thatmanufacturer- provided information plays in the lives of consumers. In their opinion, the days of the learnedintermediary doctrine have come to a close, and it is now time to impose on the manufacturer a duty to warnpatients directly of the hazards that inhere in a particular medication. These critics cite to changes in the traditionalphysician-patient relationship as meriting the suspension of the learned intermediary doctrine, as well as a variety ofother justifications. Yet, as discussed in this Article, all these justifications are flawed in several respects
