ASHP Policy Position 1815
IMPACT OF DRUG LITIGATION ADS ON PATIENT CARE
To oppose drug litigation advertisements that do not provide a clear and conspicuous warning that patients should not modify or discontinue drug therapy without seeking the advice of their healthcare provider.
This policy was reviewed in 2023 by the Council on Public Policy and was found to still be appropriate.
Rationale
Many law firms use advertising as a means to generate clients for future litigation, including litigation regarding drugs. These advertisements can generate unnecessary fear for patients taking those drugs and may lead them to modify or discontinue medically necessary therapies. Abruptly discontinuing a drug without consulting a healthcare provider can lead to failed therapy and other adverse effects (e.g., some drugs require a tapered withdrawal to be safely discontinued, and patients on multiple medications may require new dosing or drug interaction assessments). Other than truth-in-advertising laws, there is currently no oversight of these advertisements and no requirement to warn patients about the potential harmful effects of discontinuing their drugs. ASHP agrees with the American Medical Association that such ads should be required to have clear and conspicuous warnings that direct patients to speak with their healthcare providers before modifying or discontinuing any drug therapy.