Reducing Unlawful Prescription Drug Promotion: Is the Public Health Being Served by an Enforcement Approach that Focuses on Punishment?

October 2012

by Victoria W. Girard

The next issue of Policy Forum (Volume 2, Number 20, October 24, 2012), Reducing Unlawful Prescription Drug Promotion: Is the Public Health Being Served by an Enforcement Approach that Focuses on Punishment?, examines the punitive model adopted by the Food and Drug Administration (FDA) and Department of Justice (DOJ) to discourage the unlawful promotion of prescription drugs. Author Victoria W. Girard, Professor of Legal Research and Writing at Georgetown University Law Center, explores the growth in settlements, penalties, and the recent efforts to hold individual executives liable for corporate misbehavior. She concludes that FDA and DOJ should not continue punishing corporate officers with monetary and criminal penalties unless they can demonstrate that corporate accountability and compliance are improving.


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