Jennifer Riley, Executive Director of Patients Come First, expressed concerns about lawsuit advertisements related to FDA-approved medicines. She said that these ads have become a pervasive and unregulated force in consumer media, misleading patients and risking public health. Riley's statement was made in an op-ed.
"Legal advertising by plaintiff lawyers and mass-tort firms has become one of the most pervasive and least regulated forces in consumer media," said Riley. "Pharmaceutical ads are subject to extensive FDA oversight, while lawyer ads are subject to virtually none. That double standard leaves patients confused and unprotected. Polling shows that 66 percent of Americans believe these ads make people unnecessarily fearful about safe medications, and nearly half say they might stop a prescribed treatment after seeing one."
Legal advertising saw significant growth following the 1977 Supreme Court case Bates v. State Bar of Arizona, which affirmed lawyers' First Amendment rights to advertise their services. Since this ruling, oversight has been managed by state bar associations, resulting in varied monitoring standards across the nation. The American Bar Association continues to advocate for stronger uniform standards to prevent deceptive messaging and ensure truthfulness in legal promotions.
According to a 2024 report by the American Tort Reform Association, over $2.5 billion was spent nationwide on nearly 27 million legal service ads, many focusing on lawsuits involving prescription drugs and medical devices. Health experts caution that these ads may lead patients to discontinue vital medications without consulting their doctors. The report also highlighted broadcast television as the primary platform for these ads, with more than 90 percent of spending concentrated in the top 20 U.S. media markets.
The U.S. Food and Drug Administration (FDA) strictly regulates direct-to-consumer pharmaceutical advertising, requiring a balanced presentation of benefits and risks. Drugmakers must submit all advertisements for preclearance and disclose adverse effects; however, attorney advertising remains largely unregulated at the federal level. The FDA’s Office of Prescription Drug Promotion (OPDP) reviews promotional materials to ensure they are accurate, non-misleading, and based on substantial clinical evidence.
Riley leads Patients Come First, a nonprofit patient advocacy organization focused on medication adherence, healthcare transparency, and consumer protection. She spearheads initiatives promoting evidence-based medical communication and responsible regulation of health-related advertising. Under her leadership, the organization collaborates with healthcare professionals and policymakers to enhance patient trust in scientifically validated therapies and public information standards.
