Disease-branding and drug-mongering: could pharmaceutical industry promotional practices result in tort liability?

Pharmaceutical Marketing – Time for Change

This paper reviews current marketing practices in the pharmaceutical sector, and their impact on consumer and doctor behaviour. It identifies negative impacts which include misleading advertising, disease mongering and escalating costs. It argues the need to move from industry self-regulation to an independently monitored code of practice for pharmaceutical marketing.

An Evaluation of the Relationship between Branding and Customer Loyalty within the Pharmaceutical Industry

This research paper identifies the functions and processes of branding in relation to the pharmaceutical industry with a comparison to the Fast Moving Consumer Goods (FMCG) industry; using previous research demonstrating elements of branding being introduced in greater depth to the pharmaceutical industry; with the goal of adding measurability to ensure successful transition. The study consider...

What Drives Tort Reform Legislation? Economics and Politics of the State Decisions to Restrict Liability Torts1

This paper studies driving factors behind the timing of state-level tort reform enactments between 1971 and 2005. Using discrete time hazard models, we find the level of litigation activity, as measured by incurred liability insurance losses and premiums, number of lawyers at the state level, and tort cases commenced at the state level and national level, to be the most important and robust det...

Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005)

Pharmaceutical Product Liability

Product liability is one of the fastest growing and most economically significant applications of tort law. Product liability actions against pharmaceutical companies are among the most widely publicized classes of suits in the United States and Europe, prompting pharmaceutical companies to lobby vigorously for tort reform. (Nace et al., 1997). The liability burden on pharmaceutical companies h...